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HCA_13_61_Full_Volume_Processed_Text_EDITED_Ver.1.2_23062024.txt
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HCA 13/61 f.1r Annotate
1
R
x Januarij 1647 iux et
Super lilo et schedula examinatus.
Parr et alj contra)
Plunckett.)
Richardus Shone parochia beate Marie Overye in burgo de
Shipp carpenter ubi moran fecit per attenios ult aut eo circiter
30 annorum aut circiter dicit natus apud Tewsbury in Com
dicit quod partes huicinde litigantes bene respective novit
Ad tertium articulum dicti lili et ad schedulam in eadem menconat dicit et deponit that in the time menconed in ye said hee this
being one of the company of the shipp the John articulate in the voyage lilate vizt going Carpenter in her
knoweth that after the said Captaine Parr articulate and taken the shipp the
to fraight hee gave power at the Isle the Barbadoes to be the arlate Daniell Kendall and
company menconed in the schedule articulate to lade tobaccoes aboard the said shipp
and that the said Daniel Kendall Hugh Browne and other parties named in the schedule
did accordingly lade the said shipp with tobacco in the Roade of Barbadoes to bee thence
conveyed to some port under power and command of
the king and Parliament, which hee knoweth to bee true for that hee being as
the said shipp in the said voyage did see the said tobacco laden aboard and did
help to stowe the same and was present ashore in the Barbadoes and did heare the said Captaine P
in the them ashore promise and undertake to carry the said shipp to noe other
but what was under the power and command of Kinge and Parliament, for
soe hee tolde this deponent and the gunner that hee would doe, and hee bound
himself accordingly in a bond of 1000li and Mr Mabbet the Mster likewise bound himse
in the like bound of 1000li as this deponent there understood, And hee saith hee kne
Richard Kinde, George Phillipp, Thomas Bradford, Thomas Windush, Rober
Calcold, William Johan, Nicholas ffletcrast, Nicholas Valentine and the most of
the rest of the persons named in the schedule articulate in the said shipp in her said
voyage from the Barbadoes homewards and knoweth that they all had laden tobacco
aboard her, Et aliter nescit deponere, saving the said Roade the Barbadoes is within
the Jurisdicon of the Admiraltie of England and soe comonly accompted, et salvis subscriptis
and savinge his contest Thomas Winter being then masters mate and Purser of the
said shipp did take a particular note of the sevall tobaccoes laden aboard her, at
the time of lading thereof.
Ad quartum articulum nescit deponere salvis subscripts.
Ad septium articulum dicti lili et ad schedulam pred dicit et deponit that about six or
seaven dayes after they had sett saile with the said shipp from the said Roade and
the Isle of Barbadoes aforesaid as hee this deponent remembreth the time) and
as hee remembreth about five weekes before they came upon the coasts of well
articulate the said Captaine Parr did in this deponents presence and hearing said
demannd of the passengers and laders articulate to see their respective bills of lading
and that they should being them forth to him, and hee saith hee sawe diverse of the
accordingly soe unto him into his cabin and carry their said bills of lading with them
Et aliter nescit deponere, saving it was genally agreed on by and betweene the said
Cartaine Parr and the said serges and laders aboard that the said shipp the
John should be carried into the Port of Westchester, Liverpoole, London Derry
kingsale or Corke being then under the power and in command of Kinge and
Parliament in he and that in the presence and hearing of this deponent, and saving
his contest Winter was present at all the premisses.
Ad octavum articulum dicti lili dicit et deponit that for the space of three dayes and three
nights or neere thereabouts next before the taking of the said shipp the John by the said Captaine Down
the articulate Captaine Parr together with the Master and Mariners with very much
labour art and paines and by frequent handing of her did beate windeward
with the said shipp the John the winde being then contrary and blowing the strongly against them videlicet
in North and North and by East)
gaine the port of Kingsale, where their endeavour and purpose was to arrive
whereas hee saith that if they had desired or endeavoured to have gonne into the
and have come before the winde
about of Limerick Galloway or [?Treleith] articulate they could easily soe have donne, and have come before the winde
the same blowinge
~~~
HCA 13/61 f.1v Annotate
saith that at the
taking the said shipp
said Captaine Downes
shee was within a
to of the port of
ing saile articulate.
soe as aforesaid at Norths and with and by cast it was very good to have carried the
in thither if they had endeavoured or desired the same, which hee saith they did not
premisses hee deposeth of his owne sight and knowledge being then as aforesaid
aboard and Carpenter in the said shipp and seeing and observing the premisses and
laboureing amongst the rest to beate to windeward with the said shipp to came the
said Port of Kingsale, Et aliter nescit saving that amongst others his contest
Thomas Winter was then and there present
Ad nonum articulum dicti lili dicit et deponit ad schedulam pred dicit et deponit that the
the time arlate and after the bringing of the said shipp the John and of the goods
therein into the Port of Corke arlate by the articulate Captaine Downes and Company
after the taking thereof by them, the articulate Captaine Plunckett came aboard
the said shipp the John and having haled her ashore, (vizt in or about the moneth
of October last past was a twelve moneth) at his bey at Corke hee caused her
to bee unladen of her all her goods and lading and disposed of all the tobacco
and other goods
therein contayned carrying the same to a house which hee then had in Corke in
aforesaid, and would not suffer the said Captaine Parr or any other of the
persons or parties arlate to have any part thereof, but a greate quantity hee
solde there and much thereof hee sent to Dublin, Premissa deponit ex eius
visa et scientia being one of the said shipp the Johns company as aforesd
and taking notice of what hee hath soe deposed. Et aliter nescit deponere.
salvis subscripts./
Ad decimum articulum et schedulam annex dicit et deponit that in the Judgement and
estimation of him this deponent the tobacco laden aboard the said shipp the John
in the Roade of the Isle the Barbadoes and remayning aboard her at the
time shee was soe taken as aforesaid by the said Captaine Downes did extend
and amount to an hundred and fiftie thousand pounds weight at the least
for hee saith the said shipp the John was of the burthen of an hundred tonne
at the least and that shee was laden as full as shee could well swim and
noe other goods but here provisions and
that with tobacco, there being eight laden aboard
of noe considerable weight then aboard her besides tobaccoes
hee with a barrell or two of greene ginger and some such slight matters. And
that
hee saith each pound of the said tobacco at the time of bringing in the said shipp
the John into the port of Corke aforesaid by the said Captaine Downes was there
and in Kingsall in his opinion and by common estimation worth twelve pence
shilling one pound with another, and soe might then and there bee solde,
and as hee this deponent was informed as greate deale with was there solde for thirteene or
fourteene pence a pound. Et aliter nescit deponere sale quod credit raconem
sente sue ut supra, and saving hee hath bin and is well acquainted with prize often
Ad undecium articulum dicti lili et ad sched pred dicit et deponit that in their passage
from the Barbadoes towards hing sale in Ireland aforesaid hee this deponent
had
aboard heard severall of the fraighters and passengers say that the agreed to pay
and were to pay three halfe pence a pound for the freight of their tobacco to the
articulate Captaine Parr, And soe much hee saith is usually paid by merchants
to and them
and fraighters for goods in that voyage or like voyage especially in soe small
shipp, which hee knoweth having traded those parts for theise three yeares
last past. Et aliter nescit deponere.
Ad decium quartum articulum et ad schedulam secundum ea eadem arle menconat dicit
et deponit that in the time articulate the said Captaine Parr had laden aboard the said
shipp the John at sea in the said Roade of the Isle the Barbadoes aforesaid for his
owne use and accompt the barrell of sugar, two barrells of beefe, two barrells
of white biskett, two cases of sweete oyle, severall tonn of water castore
together with the other goods mentioned in the said second schedule, and saith the
said severall goods were worth neere about in his iudgement and by common
estimation the severall and respective sumes as they are in the said schedule
sett downe (which hath bin read unto him at the time of his examination)
and saith the said sevall goods were aboard the said shipp the John at the
time of the taking of her by the said as aforesaid and were seized in
al quod reddit raconem scientia sua ut supra.
and disposed of by the said Captaine Plunckett. Et aliter nescit deponere
~~~
HCA 13/61 f.2r Annotate
2
Super reliquis articulos dicti lils non examinatur ex direccone procuris producents
Super Interrogatoryes.
Ad primum respondet that hee come to be a meanes witnes in this cause by the meanes
and at the instance of Captaine Parr, aliter rendet negative.
Ad secondum respondet negative.
Ad tertium negative.
Ad quartum respondet that hee for his part looketh for noe benefitt in case the interrogate
Captaine Parr and Company prevaile in this sute, and that but his wages, and
that hee saith hee hopeth hee shall gett though they be overthrowne, and therefore
doth not deeme it will prejudice him though they prevaile not, But for suing the
said Captaine Pluncket in case the said Captaine Parr and Company prevaile
hee saith hee hath as yet noe thought or resolucon soe to doe, what hee may hereafter
legally doe in case hee bee put by any indeavoured to be put by his wages hee
saith hee doth not knowe.
Ad quintum interr respondet that at the time the said shipp the John was taken by the
said Captaine Downes and company and soe came into the hands of the interrogate
Captaine Pluncket, hee this respondent had aboard her a twelve moneths pay
in tobacco and asmuch more as cost him two ounces of sand gold which hee had brought
from Ginny, amounting to sixteene greate rolles, and xxij hand rolles and eight
and fourtie pricks, contayning in all about xxij hundred weight which in his opinion
and after the rate that the tobacco taken in the said shipp was sold for by the said
Captaine Plunkett was worth betwixt 50 and 60£ lawfull English money
clearely. Et aliter respondet negative.
Ad sextum respondet that hee received two moneths pay of his wages by in Ireland
from Captaine Pluncket, and saith that hee hath not yet received all his wages
by but saith that mr Vassell hath promised to pay him wages according to the
moneths that hee the said mr Vassell shall receive his freight for her, when
and as hee shall recover the same, and not otherwise xxx nor before, and
saith that by reason that mr Mabbet their Master did not discharge them in Ireland
when the said shipp was taken there is wages due to him from that tyme, which is seaven
moneths after 38s per mensem, which hee lookes to have of mr Vassell. And hee saith
hee is bound out againe in a shipp fraighted by Captaine Parr in a newe voyage
but hee is shippt by the master mr fflatcher whoe hee saith is to pay him
aliter negative.
Ad septium nescit nec audivit nec fuit informatus ad affirm interr.
et novem
Ad octavum respondet quod nescit.
Ad decimum refert se ad predeposita aliter nescit, saying hee did not enter any of the
said goods into any note, nor tooke other a notice then what hee hath predeposed.
Ad undecium interrium nescit salis predeposities
Ad duodecimum respondet that some of the planters and passengers inhose names af
are mentioned in the schedule libellate as clayming goods in this sute are Irish
men, but howe many of them hee doth not particularly remember by their names
yet hee saith that Teago Roeum, William Cohan, Patrick Cohan and Roger
Keyon in the said schedule mentioned are as hee remembreth Irishmen and were
passengers and had tobacco in the said shipp the John, but where any of them
doe live hee knoweth not nor hath hee seene them since the taking of the
said shipp, aliter nescit, neither knoweth hee as hee saith what to beleeve
as hee saith save that they will looke for their goods as well as others
(being freemen and free traders) as hee conceiveth.
Ad 13uj nescit salvis predepoits.
Ad 14uj respondet that the subscription (p me Richard Parr) under one of the
bills of lading interrogate and theise words (The Contents I know not) under the other
seeme to be the handwriting of the interrogate Captaine Parr, for hee hath seene
him writing of his very like that hand, but whether the same were written
by him or noe, hee cannot say, Et aliter nescit salvis predepoits.
Ad decimum quintum et ultimum nescit respondere ut dicit
Richard Shone [SIGNATURE; RH SIDE]
~~~
HCA 13/61 f.2v Annotate
Decimoquarto Januarij 1647 iuxta etcetera
Super lilo et schedula predet examinatus./
Thomas Winter morain facieus in Burgo de Southwarke sed habitans
et familiam fovens in Insala da Barbadoes Nauta, etatis 3 annorum
aut eo circiter dicit quod Capitaneus Parr, Danielem rendet Hugonem
Browne necnon Capitaneus Plunckett bene respective novit.
Ad tertium articulum dict lilo ad schedulam in eadem menconnt dicit et deponit
that hee this deponent being Masters Mate and Purser of the articulate
shipp the John, well knoweth that after the articulate Captaine Parr had taken
the said shipp to fraight of william Mabbet articulate, hee the said Captaine Parr
did assigne and and give authority to the arlate Daniel Kendall and Hugh
Browne and company articulate to lade their goods aboard her, and hee saith that
accordingly they the said Daniel Kendall and Hugh Browne and others their
company mentioned in the schedule articulate did in or about the moneth of July
1646 lade the severall quantities and parcells of tobacco expressed in the said
schedule on board the said shipp in the Roade comonly called the Carlile
Roade of the Isle the Barbadoes comonly called Carlile Roade within the
Jurison of the Admirally of England the said shipp then riding at anchor
the xxxx bills of lading
there, to be (according to the) charter partie and securitie given ( at which hee
this deponent was present and a witness(to the) transported from thence
to West chester Kingsale, Liversell Liverpoole or London Derry or some
any other port in England or Ireland that was then under the obedience
of the kinge and Parliament, and where the said shipp might by ordinance
of Parliament safely arrive and not elsewhere, which hee knoweth because
hee this deponent was acquainted with the charter partie and bills of
lading at the time of their making and giving. And the premisses
touching the severall persons therein menconed, and parcells of tobacco schedulate and the sewall and to be soe
in the Roade of the Barbadoes laden on board the said John shipp the
John in the Roade aforesaid hee this deponent knoweth to be true, because
having nowe seene and perused the said schedule, hee findeth it to agree
in ever particular with his bookes and notes which hee then tooke in the
said Roade at such the lading of the said Tobacco, hee this deponent being
then Purser of the said shipp he saith hee was ordered and imployed by the said
Captaine to take notice of the sewall parcells and quantities of tobaccoes
in
then laden on board and to sett the same downe and writing and by whom the
or on whose accompt the same were soe respectively laden. Et aliter
nescit deponere.
quartum
Ad secundum articulum dicit lili dicit et deponit that after the lading on board
of the said shipp the John of the said severall goods or tobaccoes mentioned
in the said first schedule articulate by the severall persons schedulate
whereof hee hath predeposed the said Captaine Richard Part gave
unto the said Daniel Kendall and Hugh Browne and company in the
Roade of the Barbadoes and upon the first faire weather and oportunity
which hee had soe to doe (which was within the space of three or foure dayes
after their weighing anchor there) severall bills of lading for the delivery
and discharge at the severall goods and tobaccoes schedulate to the said Kendall
and Browne and company or their assignes in some of the ports articulate
And the arlate William Mabbet the Master gave a generall bill of lading for
~~~
HCA 13/61 f.3r Annotate
3
delivery of the said goods or tobaccoes soe laden on board the said shipp the ladeinge
John and mentioned in the said schedule in some of the ports aforesaid articulate
and before mentioned, which hee knoweth to be true because hee this deponent
was on board and was acquainted with the said severall bills of lading soe
given by the said Captaine Parr and alsoe with the said genrall bill soe
given by the said Mabbet hee this deponent helping the said Mabbet
to make his accompts thereabouts and to peesect the same by the bookes and
notes which hee this deponent had soe as before taken at the lading of the
said sevall goods. All which said bills of lading aswell those severally
given by Captane Parr as the generall bill soe given by the Master
William Mabbet were on board the said shipp the John and the there
found at the time shee was taken by Captaine Downes articulate
for hee sawe the said Captarne Parr and the said Master carry them
on board the said Captaine Downes his shipp, upon his the said
Captaine Downes his sending for them aliter nescit
Ad septimum articulum dicti lili et ad schedulam predcam dicit et deponit that partly while
said shipp was
they were yet in the said Roade of the Isle the Barbadoes and partly after
her setting saile from thence to come for England or Ireland and within
some few dayes after such her setti saile ut predeposuit the said
Captaine Parr signed and gave to some of them three and to some of the planters then on board two bills of
lading for every parcell of tobacco mentioned in the said first schedule as hee this deponent beleeveth
And saith that hee the said Captaine Parr about the space of tenn
dayes next after setting saile which the said shipp the John from the Barbadoes
and about the space of five or six weekes before the takin of the said
shipp the John by the articulate Captaine Downes (which happened an or
about the 12th of October 1646) and before her arivall on the coasts
of Ireland hee the said Captaine Parr called together all the
passengers and planters on board to whom hee had given any bill
or bills of lading, and demannding to see the said bills hee the said
the foresaid bills of lading
Captaine Parr tooke of back into his hands
xxx xxxxx of the said bills soe as before by him signed and given for every of the said sevall quantities
of tobacco soe laden on board, and with the consent of the said passengers
and laders hee cancelled and made vpide the same, And with their genrall consent
and agreement hee gave them other bills of lading for the delivery of
the said goods schedulate in the ports of west chester, Liverpoole or
London Derry or Kingsale or some other port under the power of the kinge
which hee knoweth to be true for that being Masters mate and Purser
of the said shipp the John and being then on board her hee sawe
and observed the premisses to be donne as hee hath predeposed, By
the said Captayne Parrs
which meanes of his soe taking up of the said bills of lading and givinge
newe ones in their roome as aforesaid all such other bills as is arlate
were voide and invalide, and that hee did according to the custome of the sea amongst
merchants and others comonly observed, and for voide and invalide they
were and are in that case comonly accompte and reputed. Et aliter nescit
deponere.
Ad octavum articulum dicti lili dicit et deponit that for the space of three dayes
and nights next before the taking of the said shipp the John by the said Captaine
Downes and company the articulate Captaine Parr together with the Master
and Mariners the winde being contrary to the did labour and use all their art
and diligence (the winde being contrary) to carry the said shipp the John into
~~~
HCA 13/61 f.3v Annotate
the port of Kingsale, whereas hee saith they that if they had then endeavoured
or desired to have gone with her or brought her into any of the ports
of Limrick Galloway or Traleigh or bent their cause that coast they could xxxxx, with much ease and
facilitie soe have donne the winde then blowing very right to have carried them
thither vizt at North East and East North East. And hee saith that at the x time
of such the taking of the said and seizing of the said shipp the John by the
said Capterne Downes and company, shee was within the space of two
lea leagues of the shore of the Port of Kinsale aforesaid. The premisses
hee saith hee knoweth to be true, for that hee being Masters Mate of
the said shipp the John and then on board her, hee did labour and worke
with the rest of the company to beate the said shipp the John to
winde ward to gaine the said Port of Kingsale, and for that hee was on
board on her when shee was soe seized and taken by the said Captaine
Downes. Et al nescit deponere, saving his contest Richard Shone was
then alsoe on board.
Ad nonum articulum dick lil et sched in eadem menconat dicit that after the
seizure and taking of the said shipp the John by the said Captaine Downes
and after shee with her goods were was thereupon brought into the
Port of Corke by the said Captaine Downes and company xx the
arlate Captaine Pluncket about a weeke after such her taking vizt
about the 18th day of October 1646 did cause all the goods and merchandizes
and goods menconed in the schedules articulate to be unladen and carried out
of the said shipp the John, and tooke away and detained the same from
the said Captaine Parr, Daniel Kendall and Hugh Browne and Company
hee the said Captaine Pluncket pretending interest in the said shipp the
Hunter arlate whereof the said Downes was Captaine, and which tooke them
as aforesaid. Et aliter nescit deponere.
Ad decimum articulum dicti lili as schedulam pred dicit et deponit that the sevall
parcells and quantities of tobaccoes mentioned and contained in the said
first schedule articulate were on board the said shipp the John at the
time shee was soe taken by the said Captaine Downes and company as aforesaid.
And hee saith that in the Judgment and estimation of him this deponent
and lay the noates which hee soe tooke as before of the lading of the said
severall parcells of tobaccoe on board the said shipp the John, the said
severall parcells did ioyntly and in the whole amount to the quantitie
of one hundred and fiftie thousand pound weight of tobacco or neere
thereabouts. And hee saith that each and every pound of the said
tobacco of the time of the bringing of the same into the Port of
Corke aforesaid both in the said Port of Corke and Kingsale was worth
in the iudgement of this deponent and in comon estimation the sume of
one shillinge lawfull English money one pound with another and might
at that noate
soe there have bin then solde, and soe a greate part of it was then solde
in Corke aforesaid. And hee beleeveth and conceiveth that the said
Daniel Kendall, Hugh Browne and company menconed in the said
schedule by reason of the taking away detention and disposing of the
said goods mentioned in the said first schedule arlate have sustained
dammage to the sume of seaven thousand, three hundred and fiftie five
pounds st of lawfull English money. Et aliter nescit, salvo quod reddit
raconem scientia sua ut sopra.
Ad undecimum articulum dicti lili dicit et deponit that the articulate Daniel
Kendall and Hugh Browne and company (by bills of lading of the
goods
severall
~~~
HCA 13/61 f.4r Annotate
4
goods mentioned in the said first schedule) self by them subscribed did promise
and agree to pay unto the said Captaine Part for fraight and transportation
of every pound of the said tobacco mentioned in the said schedule in the voyage
arlate the sume of three halfe pence of lawfull English money, which hee
knoweth because hee was present at such promise making and at the
subscribing of the said bills of lading on board the said shipp the John
and soe much hee saith is usually paid by merchants and others for fraight
of such goods in the like voyage, which hee knoweth to be true because hee
hath used those voyage for theise seaven yeares last or thereabouts.
Ad duodecium articulum dicit et deponit that the voyage aforesaid the Mariners
of the said shipp the John did putt and lade on board her for their owne
use and accompt severall parcells and Rolles of Tobaccoe contayning in all the
quantitie of betweene twenty and thirty thousand pound weight of tobaccoe
which hee knoweth because hee sawe the same laden and tooke accompt
thereof. And hee further saith that the fraight belonging for transporting
of the sewall goods belonging aswell to the said Daniell Kendall, Hugh Browne
and company as to the said Mariners, in case the said goods had bin delivered
in any of the ports to which they were by charter partte and bills of
lading consigned, after the rate of three halfe pence per pound had
and would have extended to the sume of one thousand one hundred and twenty five
pounds of lawfull English money or thereabouts, referendo se pro
meliori et certiori computacone eiudem ad quantitutem herbe nicotians
in drom navem soe onestion et ad schedulam arlatum, And to that valew
the said Captaine Parr by xxx reason of such detencon and disposinge
of the said goods by the said Captaine Pluncket doth in his iudgement
sustaine damage. Et aliter nescit
Ad decimum quartum articulum dicti lili et ad schedulam secundam dicti libello
annexam in eadem arle mentionatant dicit et deponit that of his knowledge
the articulate Captaine Parr in the time articulate had laden on board
for his owne use and accompt the in the said Carlile Roade neere the said
Isle the Barbadoes aforesaid the sewall particulars and parcells of
goods mentioned in the said second schedule which hee hath nowe perused
at the time of his exámination which hee knoweth to be true because hee
findeth the said schedule to agree with a noate which hee tooke at the
time aforesaid the said shipp was laden as aforesaid. All which goods
hee saith were on board her at the time of her taking and seizure
and as aforesaid and the said Captaine Plunckett tooke and disposed
of the same, detayning the same from the said Captaine Parr for
hee turned her him and all his company a shore at Corke upon
the bringing of the said shipp in thither after shee was soe taken, Et
aliter nescit deponere saving the said goods were worth the sewall
sumes of money menconed in the said second schedule and soe commonly
accompted./ Super reliquis arlis lili xxx exaiatur ex direccone partis producentis.
Ad
Super Interryes ex parte Capitanes Pluncket
ministratis
Ad primum respondet that hee comes by the meanes of Captaine Parr to be a
witnes in this cause, aliter respondet negative.
Ad secondum respondet negative ad singula.
by the order of mr Vassell their owner
him aliter respondet negative./
of
Ad tertium respondet that ⁁ hee carried over an order from the Comittee free the Lords
and Commons of the Admiraltie into Ireland to serve on the interrate Captaine
Plunckett to appeare here in England, but hee did not serve the same upon
~~~
HCA 13/61 f.4v Annotate
Ad quartum respondet that hee had noe tobaccoes nor other goods saving his
wearing clothes instruments writings and bookes on boa board the said shipp the John at the
time of such her taking as aforesaid, and saith it will be noe benefitt to him
this rendent in case Captaine Parr and company prevaile in this suite neither
will it be any prejudice to him in case they be overthrowne, And hee saith
hee doth not intend to sue the said Captaine Pluncket for the pretences interr
in case the said Captaine Parre and company prevaile hee but to let him
alone however, saving hee hath nowe already comensed action against him
for his clothes bookes and instruments./ which hee
Ad quintum respondet quod refert se ad predepoita ad prop prevendens Interrogatium
aliter repondet negative. saying hee had noe goods wares or merchandizes
on board (save his clothes instruments and bookes) to which hee saith were worth
20li sterling) nor any other comodities, at the tyme shee was soe taken by the
said Captaine P Downes.
Ad sextum Interrium respondet that hee hath received all his wages for the
said voyadge till such time as the said shipp was soe surprized by the
said Captaine Downes, which hee received of from Captaine Plunckett by
order of the Admiraltie in Ireland, And saith hee is nowe bound homewards
againe (videlicet for the Barbadoes where his family and dwelling is) in a
shipp of Captaine ffletchers wherein Captaine Parr is an Adventurer,
but whether the said Captanie Parr goeth therein or not hee knoweth not
but beleeveth that hee will goe therein because his family is there
but hee the said Captaine Parr is not to pay saith hee hath not as
yet contracted with any body for any wages for the said voyage, nor
knoweth not of any that shall be paid him, hee being for ought hee yet
knoweth to goe as a meer passes passenger.
Ad septimum respondet that hee did not heare nor was it anywise reported
in the places interrogate to any the effect interrogate in this respondents hearing, nor did hee heare that
ever the Governor of the Barbadoes acquainted Captaine Parr with
any such matter, nor that Captaine Parr xxxxx thereat
Ad octavum respondet that hee heard noe such demannd made or answer as
from
is interrogate nor any thing to that purpose for any person whatsoever, for
hee did not heare any mention of any such matter
Ad novum nescit.
Ad decimum respondet that hee sawe all the particular goods interr laden
and putt on board the said shipp the John in the Roade aforesaid
his booke
which hee saith hee entred particulary downe in a note by order of the
said Captaine Parr and the Master, and saith the particulars,
and markes and weight were as is menconed in the said schedules libellate
Et aliter nescit referendosa ad predepoita.
Ad undecimum respondet that saving the provisions for the use of the shipp
and other particulars menconed in the second schedule libellate, the
interrogate Captaine and whereof hee hath predeposed, the said
Captaine Parr had noe goods laden for his owne proper accompt
Ad duodecimum respondet that diverse of the planters interr are Irish
men as namely Teage Rxxxx hee conceiveth but which of them hee
saith hee doth not particularly knowe, many of which hee sawe in
Ireland in Aprill last, all which saving one) doe live in the Barbadoes
And hee beleeveth in his conscience that if Captaine Parr recover any
thinge in leiu of their losses from Captaine Plunckett, hee will truelly
pay or restore it unto them, and not convert it to his owne use. aliter
nescit.
Ad 13uj respondet that hee same Captaine sawe Parr signe all the
sevall bills of lading for the goods in question, and sawe the Master signe
(a
~~~
HCA 13/61 f.5r Annotate
5
a generall bill of lading to the said Captaine Parr, and saith that in his
booke hee tooke particular notice of all the said goods and to whom they did belonge
and with what markes they were marked, and where they were consigned to
Ad 14 respondet that the interrogate Dennis Himes had 31 greate rolles of tobacco
and the interr Galriel ffrye had 53 greate rolles, 4 hand rolles and 4 pricks
of tobacco on board the said shipp the John at the time shee was soe taken by the
said Captaine Downes and company, but whether the two bills of lading interrogate
were then found in her or whether the wordes interrogate were subscribed or written
by the said Captaine Parr hee saith hee knoweth not.
Ad decimum quintum et ultima Interria respondet quod nescit.
Tomas Winters
----
Schedula eidem annex examinatus.
Ewers contra North
Yeo Marten/
1
Decimo none did Januarij 1647 iupta etcetera Super liballo ex parte her dat et
Guilielmus Ingrey de Rayly in Com Essex Lanio, ubi habitavit per octo
annos ult aut eo circiter etatis 40 annorum aut eo circiter dicit quod partem
pducen per bienniu ult aut eo circiter et novit partem rero contra quam
pductur visu tantu novit et dicit.
Ad primum secundum et tertium articulos dicti lili et ad schedulam annex dicit et deponit that
upon a day happening within the time libellate (tempus aliter non recolit ut dicit) hee
this deponent coming into the shipp of the said producent Beniamin Ewers situat
a white deale
in Raly in Essex to buy nailes, did see him the said Benjamin putting up into ⁁ box
sundry parells of silver and buttons and of gold and silver and gold buttons and
lase silver lace and silver twist and certaine ribbons and thredd and some other
part things the particulars whereof hee doth not remember, and the said box was in
this deponents knowled sight filled with such comodities, which were (as the said
Bemiamin then tould him) to be sent by the next hoy from Leigh to London to be
there delivered to Mr Samuel Lee arlate, And this deponente afterwards heard
that the said box and goods were put on board at of the hoy of the arlate Abraham
North, and that they were lost. Et aliter nescit.
Ad quartum quintum et sextum nescit.
Ad septimum dicit that the said North was and is a subiect of this realme of England.
Ad ocatvum nescit.
Ad ultimum dicit predepoita per eu die vera.
Ad Interria. [CENTRE HEADING]
Ad primum respondet quod a que favet partibus hucinde litigan et daret victoriam in henti
aliter respondet negative.
Ad secundum refert se ad predepoita aliter nescit.
Ad 3uj respondet negative et nescit, saying hee doth not knowe the hoy interrogate, neither did hee
see the said goods put on board her
Ad quartum refert se ad predepoita, aliter nescit.
Signum
Williami Ingry
(Eadem
~~~
HCA 13/61 f.5v Annotate
Eadem die. Super lilo et sched pred examinata.
2
Sara Elliot uxor Ezekielis Elliot de Raly in Com Essex yeoman cuuis sic
stetit ux per 17 menses aut eo circiter aetatis 25 annorum aut eo circiter dicit
quod partem producen a nativitate sua et Abraham North ad infantia
istius deponents bene novit.
Ad primum secundum et tertium et quartum Int arlos dicti lilo et ad schedulam annex dicit et
deponit that somtime within the moneths arlat menconed in the first article of the
libell (tempus all non recolit ut dicit) shee this deponent then living with her brother
the producent in Raly in Essex did in his shopp there soe him putt up into a box
diverse groces of silke lace and silver an lace and of silke galoone and silver galoone
and of silke buttons and silver buttons, certaine taffata ribboning and taffata
goods, with inckhornes and purses, which shee knoweth because shee was present
at the putting of them up and sawe the box filled therewith, and heard him say they
were to goe to London by water, and saith the said Benjamin then told this dept
(upon her asking of him) that the said goods box of goods cost him came to and were
worth 25li -13s - 10d, Et aliter nescit saving her contest William Ingrey was
then alsoe present at the putting up of the said goods, and saving the said goods
were in her iudgement worth the said sume of 25£ - 13s -10d
Ad quintum et sextum nescit septium et octacon nescit.
Ad ultimum dicit predepoita per eum ea vera.
Ad Interria. [CENTRE HEADING]
Ad primum respondet that though the producent bee her brother yet in respect of
the truth shee favoureth them indifferently, and would give the victory accord to
right if it were in her power, and saith shee lived then in house with the producent
but shee doth not nowe doe soe.
Ad secundum refert se ad predepoita aliter nescit.
Ad tertium negative et nescit salvis predepoits
Ad quartum refert se ad predepoita, aliter nescit.
Saray elot
----
Eadem die
Super lili et sched pred
junior
3
Thomas Harrison de Leigh in Comitatu Essex haberdasher of small wares
ubi habitavit a nativitata sua ibinatus, etatis 19 annorum aut eo circiter
dicit quod partes hincinde litigantes bene respective novit.
Ad primum et secundum et tertium articulos dicti lili et ad schedulam annex dicit et deponit
that hee well knoweth the hoy the Sarah of Leigh libellate having often seene
her lie at Anchor in the dock of commonly accompted leigh where hee this deponent dwelleth and
saith the arlate Abraham North is Master of the said hoy and soe commonly
accompted, And hee further saith that in or about the moneth of November
1645 last past hee this deponents father having received a certaine white deale box
of goods from the producent Benjamin Ewers of Raly commanded him this deponent
to carry the same on board of the articulate Abraham Norths hoy, which this deponent
accordingly did and gave the same into the hands of Edward Gooson servant
of the said North to be put on board it in the presence of ffrancis Overhead
one that belonged alsoe to the said hoy the said hoy then lying at Anchor in
the Dock Leigh dock neere the said Norths house in Leigh and then and there this deponent called to the articulate
Abraham North whoe was on board and was stowing of faggots in the den of the
said hoy, and told him that hee had brought him a box of his goods from his this
deponents unckle Benjamin Ewers and to be carried to London and had delivered
it to his man Edward Gooson and prayed him to have a care of it, and hee
said hee would. And hee saith there were direccons written on the lidd of the
said box for the delivery of the same to Mr Samuel Leigh articulate, Et
aliter nescit deponere. saying hee doth not knowe what was contained in that box
Ad quartum et quintum nescit deponere.
~~~
HCA 13/61 f.6r Annotate
6
Ad sextum, septimum et ad octavum nescit, saving the said Abraham North was and is
subiect of this Realme.
Ad ultimum dicit predepoita per eum de vera.
Ad Interria. [CENTRE HEADING]
Ad primum respondet quod equa favet et daret victoriam in hac cause both parties therein
being his unckles, and the said Benjamin Ewers being his fathers brother by the mothers
side, aliter negative.
Ad secundum respondet that the interr Abraham Porth was on board and tooke charge of the said
box at the time hee this rendent soe delivered the same as more, being made acquainted
therewith ut predeposuit, but this rendent did not then pay him or promise him any
payment for the freight therof. aliter refert se ad predepoita.
Ad tertium respondent that hee this rendent was on board the said hoy when hee dd the said
box as before, but did not see the stowage thereof, and saith hee hath well knowne
the hoy interr about six yeeres last past, and saith shee rode in the dock Leigh dock
b at leigh neere the said Norths house, and saith that Raly (where the goods were
putt into the said box as this deponent hath bin informed) is about foure miles distant
from Leigh. aliter nescit salvis predepoits.
Ad quartum nescit necsit deposuit.
Thomas Harrison Gover
----
Eadem die Super lilo pred.
4
Elizabeth Ewers de Leigh in Com Essex vidua, ubi habitavit
alteris vicibus per 55 annos ult aut eo circiter etatis 61 annoru aut
eo circiter dicit quod partes huicinde litigantes bene repective novit.
Ad primum secundum et tertium articulos dicti lili et ad schedulam in ead annex dicit et
deponit that shee hath well knowne the hoy the Sarah of Leigh libellate
for theire thirtie yeares last past and upwards having well knowne her while shee
belonged to the arlate Abraham Norths father, and saith the arlate Abraham North
hath bin for theise foure yeares last past or thereabouts Master of the said hoy under
his father and soe comonly accompted and for that time hath had the disposinge
or managing of the same in her voyages betwix Leigh and London. And shee
saith that in or about the moneth of November in the yeere 1645 arlate this deponent
being at her sonne Thomas Harrisons shopp in Leigh aforesaid did there see
a white deale board box which the said Harrison tolde her hee had received from the
pducent Benjamin Ewers from Raly and said hee had direccons from the said
Bemjamin to send the same to London to Mr Samuel Leigh libellate dwelling
on ffish streete hill whoe was the said Bej Bemjaminus Chapman, and the said
shee saith that the said Harrison having sent the said box by his sonne her
contest Thomas Harrison the younger on board the hoy articulate (as hee tolde
this deponent) shee this deponent out of care that the same should not miscarry
(because hee understood there were certaine goods of valew therein to be conveyed
from the said Benjamin Ewers her sonne to the said Mr Leigh chapman)
bt had
shee went to the said Abraham Norths house and in Leigh and charged him ⁁ to have a
the said Abraham
care of it, who the acknowledged the receipt thereof Et aliter nescit saving
shee had received word from her said some Beniamine to looke after the same and give
the cha said North charge thereof.
Ad quintum nescit.
Ad sextum septium et octavum nescit,
Ad ultimum dicit predepoits per eam et vera.
Ad Interrogatoria. [CENTRE HEADING]
Ad primum respondet quod eque favete daret victoriam in hee caa partibus litigantions, and
saith Beniamin Ewers is her sonne aliter negative
Ad secundum et tertium refert se ad predepoita aliter nescit.
Ad ultimum nescit necsit deposuit.
Elzabeth Ewers [SIGNATURE; RH SIDE]
~~~
HCA 13/61 f.6v Annotate
Deicesimo Januarij 1647 aix &
Super allegacone ex parte Cawson dat, examinatus.
Dey et Lavington contra)
Cawson.)
1
Rs. E. B
Guilielimus ffouljer de Redriffe in Comitatu Surria Nauta, ubi habitavit per biennium
ultimu aut eo circiter, etatis 30 annorum aut eo circiter dicit quod partes huicuide
litigantes bene respective novit.
Ad tertium articulum dicte allegaconis dicit that hee this deponent (being a seaman and a Master
of a shipp and having used to goe to sea for the space of theise seaventeene yeares last past
or thereabouts) well knoweth that it is the dutie and office of the Carpenter and of the
Carpenters mate serving in any shipp to Cawke and looke to the Caulking of such shipps
wherein they serve in all places thereof where neede requireth. an for to that purpose hee saith they are hired and have their wages,
Et aliter nescit
Ad quartum et quintum et sextum articulos dicit et deponit that hee this deponent was on board the shipp
the Seaflower arlate in all her homewards voyage from the Barbadoes and while
shee laye at the Barbadoes before her setting saile to come homewards, and hee
saith that diverse times while shee soe laye there at Barbadoes and was taking in of
her lading there, both this deponent and alsoe the producent Miles Cawson did speake
unto of the said shipp and require the said John Day and the Carpenter advise and John Lavington his mate
to looke to the Cawking of the decks and sides of the said shipp above water to prevent
the hurt and damage which might happen to the goods then in or to be taken on board
her. But hee saith that notwithstanding such advise and admonicon they the said
Dey and Lavington did not only neglect and omitt such their duty and office, but
asked this deponent and others that soe admonished them what they had to doe therewith
wishing them to meddle with what concerned themselves and not with their office
for they (as they said) knew well enough what to doe therein or they used words
to that effect. Et aliter nescit.
Ad septimum articulum dicti lili dicit et deponit that in the said homewards voyage in question
with the said shipp the Seaflower from the Barbadoes through the carelesses and
neglect or a least through the omission of the said Master Carpenter and Mate
arlate and by meanes of their not Caulking the decks and sides above water of the
said shipp the Seaflower there were certaine baggs of Cotton on board the
said shipp spoyled and or damnified by reason of the salt water which came
downe from the decks or shipp sides above water, which said bagge in his opinion
and estimation were by meanes aforesaid hurt or endammaged to the valew of the
sume of fourtie pounds sterling or there neere thereabouts, which hee knoweth
because hee sawe the said baggs, soe damnified and sawe that it was through
such coming downe of the falt water from the decks and shipp sides above
water of the said shipp through want or neglect of caulking as aforesaid. Et
aliter nescit deponere.
Ad octavum articulum dicit et deponit that by the neglect or omission aforesaid and
the runinge downe of the salt water as afore hee hath deposed from the decks and
and xxxxx much head
shipp sides above water some flower ⁁ belonging to the store of the said shipp was
spoyled, but the quantitie or valew thereof otherwise hee knoweth not. Et aliter nescit.
Ad nonum articulum dicit et deponit that the said Miles Cawson as having taken the said
shipp to freight and received the said goods on board her is liable to pays and
satisfie unto such parties and persons as were owners of the said xxxxx Cotton
the damage soe sustained of fourtie pounds soe sustained by meanes of the hurt
afore deposed of. Et aliter nescit.
Ad decimum et undecimum dicit that by the still and experience which hee hath in the art or imployment
of a Mariner and having exercised the same for soe longe time as aforesaid hee
well knoweth that in case the said shipp had bin by the said Carpenter and Mate
sufficiently caulked in the decks and sides above water of the said shipp as shee
ought to have bin, there had befallen or happened little or noe dammage at
all to the said goods in the said homewards voyage. Et aliter nescit. saving the
said shipp continewed tight, stanch and stronge under water untill the time of her
coming home that voyage./
~~~
HCA 13/61 f.7r Annotate
7
Ad 12 et 13uj articles refert se ad predepoita ad orfacxx arlum facta, al nescit, saving that the
Company of the shipp were not much straightened of victualla the homewards voyage arlate
neither did the English beere then on board stinck, but the same was good and wholesome
Ad ultimum refert se ad predeposita, all nescit. Sup primo et 2o arlis non exeriatur ex direcconis
procuris partis producentis.
Ad Interrogatoria. [CENTRE HEADING]
As primum respondet that all this rendents wages within a small matter is paid him
And the said Miles Cawson doth not stopp any of his wages for any such regard as is interrate
Ad secundum respondent that hee this rendent is part owner of the shipp the Seaflower interrate
vizt a for a sixteenth part, and but hath noe interest in the freight of the goods interrate
Gxx And hee saith that in case it shall be found that the damage in aforesaid happened
by meanes of the insufficienchy of the said shipp (which hee saith it did not) the owners
of the said shipp must make the same good.
Ad tertium respondet that whilest the said shipp was upon the coast of Ginney some few
of her company were sick, whereof the said John Day was one, and soe not soe
had bin
able to take paines as otherwise, but when hee cause to the Barbadoes and went some
while a shore hee was soe well recovered, that seeing some men that were hired by
the Master come on board to help him mad the said Day and his mate, hee was angry
our
and said what neede the Master hive any men, are not wee able to doe our worke
out selves or to that effect. And hee saith that to his remembrance the in the passage
interr the said Simon Cawson the Master conceiving that the said Day was idle or
stubborne and would not worke but fayned himselfe sick then hee was when hee
was able to worke (as this deponent alsoe conceiveth hee was able enough to doe)
hee the said Cawson tould him that is hee would not worke hee should not eate
aliter nescit
Ad quartum negative et nescit
Ad quintum respondet that in the time interrogate there fell much raine, but the decks and
the rest of the upper worke did not continew stanch, and hee beleeveth that it is true
that the said goods received noe damage while shee stayed at the Barbadoes, because
the raine that fell there was before the goods were stowed, neither did there fall any
considerable rain after the stowing thereof while hee stayed there. aliter nescit et negative
salvis predepoita.
Ad sextum nescit salvis predepoits.
Ad septium respondet that the said Cawson tooke in some passengers homewards bound
from the Barbadoes (but the number of them hee doth not remember) which fedd partly
on the shipps provision and partly in what themselves had brought on board, and
saith that by meanes of such their feeding on the shipps provisions, there was
somwhat the more scarcity of victualls, and saith that for diverse dayes the
company were putt to an allowance of a pound of bread a day for five men,
Et aliter negative et nescit, salvis predepoitis.
Ad ultimum respondet that in the homewards voyage of the said shipp the said Day
by some meanes cutt one of his thumbes. aliter nescit.
William Souliar
----
Eadem die
Super allegatione pred exaiatus.
2
Rs E. X
Christoferus Cole de Ratcliffe in Com Milde Nauta, ubi habitavit per
decena annos ult aut eo circiter etatis 37 annorum aut eo circiter dicit
quod partes huicinde litigantes bene respective novit.
Ad tertium articulum dicte allegationis dicit et deponit that it is the place, office and dutie
and office of every Carpenter serving in any shipp and of his mate to cause and
looke well to the caulking of such shipp wherein hee or they serve, in all places thereof
wherein neede requireth, which hee this deponent knoweth being himselfe a shipp Carpenter
and soe bredd Et aliter nescit.
Ad
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HCA 13/61 f.7v Annotate
Ad quartum quintum et sextum articulos dicte allegaconis dicit et deponit that hee this deponent
awes on board the shipp the Seaflower in all the voyage menconed in this allegation
in her is
and while shee laye at the Barbadoes hee going the said voyage at Masters Mate
Miles
and hee saith that both the said arlate Simon Cawson the Master and alsoe this
deponent did diverse and sundry times during the voyage in question speake to, and wish
and desire the said arlate John Day the Carpenter of the said shipp and the arlate
John Lavington his Mate to have a care and looke to the Cawking of the decks of
the said shipp and of her sides above water to prevent hurt and damage which
might happen and befall to the goods then in or to be taken on board the said shipp
and tould them that unlesse they did soe, the goods on would be much damnified
or spoyled, hee this deponents often shewing them where such danger was and
where the water came in through the decks and shipp sides above water for
want of such calking, But hee saith that notwithstanding, upon such his advise and admoncon
they the said Day and Lavington did not only neglect and omit their duties in
caulking the said parts of the said shipp, but did bidd this deponent meddle
with what hee had to doe, and with what concerned his office and not with
theirs, for they knew well enough what to doe, and in truth hee saith they did
neglett and omitt their duties in that behalfe, and did not caulke the said shipp
as they should and ought to have donne. Et aliter nescit deponere.
Ad septium articulum dicit et deponit that in the homewards voyage of the said
shipp the Seaflower from the Barbadoes by reason of the negligence and
careles omssion of the said Day and Lavington in not caulking the decks
and sides above water of the said shipp the Seaflower, but reaso and by
the coming downe of the salt water from those parts of her for want
of caulking, diverse bagge of cotton laden on board the said shipp were
hurt and damnified being very such rotted with the said salt water
which hee knoweth being on board her and seeing such damage donne by
the meanes aforesaid, but the valew of the said damage hee saith hee
cannot estimate. Et aliter nescit.
Ad octavum dicit that by and through the neglect and carelesies aforesaid
some flower belonging to the store of the said shipp was spoyled with the
salt water which ran downe as is arlate, but the quantitie thereof soe
spoyled or the valew of the same hee knoweth not. aliter nescit.
Ad nonum articulum dicit that the arlate Miles Cawson is liable to pay for the
damage of the said Cotton to them to when it belonged as having taken the
shipp to fraight and received the same or board Et aliter nescit.
Ad decimum articulum dicit that there had not happened any dammage to the said
goods in case the decks and sides of the said shipp above water had bin caulked by the
said Day and Lavington as they ought to have bin the voyage in question, which
hee knoweth for the reasons aforesaid, and by the skill which hee hath in
the office and worke of a shipp Carpenter. aliter nescit
Ad undecimum nescit salvis predepoits.
Ad decium refert se ad predepoita, et aliter nescit.
Ad uno decium tertium dicit that the English beefe and beaveridge articulate did not
stinck but were sweete and good in the homewards voyage articulate, neither were the said peeces
of English beef cut in two peeces and made to serve twice that were provided
to serve but for one meate, that hee knoweth of, Et aliter nescit.
Ad ultimum articulum dicit et deponit that if his this deponents sight and knowledge
the said shipp the Seaflower the voyage in question homewards bound, was
a stronge stanch and tight shipp under water, neither did and the damage
aforesaid happened by the reason before deposed of and not otherwise.
Et aliter nescit./
Super primo et secundo arlis non exaiatur ex direccon pducentis./
(Ad
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HCA 13/61 f.8r Annotate