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| − | ==HCA13/71==
| + | #redirect HCA 13/71 |
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| − | '''Editorial history'''
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| − | 16/12/11, CSG: Created page
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| − | ----
| + | |
| − | [Image P1090001]
| + | |
| − | | + | |
| − | [f. 167v.]
| + | |
| − | | + | |
| − | '''Cooke and Johnson ag:st Batson.
| + | |
| − | Smith Clements
| + | |
| − | ?Ry.'''
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| − | | + | |
| − | The four and twentyeth day of Aorill 1656
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| − | Examined upon an accon on y:e behalfe of y:e sayd Batson
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| − | WILLIAM TICKELL of Birchen Lane London merchant aged
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| − | forty three yeares or thereabouts, a witness sworne and
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| − | examined saith ad deposeth as followeth ?vizt
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| − | | + | |
| − | To the first Arle of the sayd Accon, This deponent saith that he went
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| − | as merchant in the shipp ''Tankervale'' Robert Cooke ma:r the last
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| − | voyage she made which was fron this port of London to Norway
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| − | and there to take in horses; and was from hence to have gone to y:e Barbados
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| − | and so back agayne to this port. And knowth that the sayd
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| − | Robert
| + | |
| − | | + | |
| − | [Image P1090002]
| + | |
| − | | + | |
| − | [f. 168r.]
| + | |
| − | | + | |
| − | Cooke had order from his Imployers to hire and agree with Mariners
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| − | for y:e sayd voyage to receyve their wages att y:e barbadoes in
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| − | Muscavadoe sugars att the rate of four pence p pound. And he
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| − | knoweth y:t the sayd James Cooke and Johnson were two of y:e Mariners
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| − | hired for that voyage, and he this deponent did sevearall tymes
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| − | heare them y:e sayd Cooke and Johnson say and acknowledge that they
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| − | were so hired and had so agreed, that is to say that they had
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| − | contracted and agreed that what wages should be due to them for
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| − | their service in the sayd shipp and voyage they were to receave y.e
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| − | same att y:e Barbados in Muscavadoe sugar att y:e rate of
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| − | four pence per pound. And y.e like he heard, the sayd Robert
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| − | Cooke y:e Ma:r severall tymes say and affirme, and also that the most
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| − | of the Mariners had signed to a written Agreement to that purpose
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| − | and having now veiwed and perused the paticular to y:e sayd accon
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| − | annexed he doth beleive by the names and markes of y.e Mariners
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| − | att y:e foot thereof especially by the name of William Jeffery
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| − | who was one of the mates the sayd voyage (whose handwriting he is well
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| − | acquainted with, and is well assured that he did subscribe his sayd
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| − | name thereto as now it appeareth) that y:e says schedule was and
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| − | is the originall written Agreement, touching the p:rmisses. And
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| − | otherwise hee saith he cannot depose
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| − | | + | |
| − | To y:e second arle of y.e sayd accon This deponent saith That att y:e sayd shipps
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| − | arrivall in Norway the sayd batsons and Companies facto:r here did
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| − | putt on board the sayd shipp forty five horses or thereabouts for their
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| − | use and accompt, to be carryed and transported from thence to the
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| − | Barbadoes And y:e sayd James Cooke and Maynard Johnson as matee
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| − | and Boatswayne were by their plans to looke unto and have
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| − | care of the stowage thereof, and to see that y:e stanchions in which
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| − | they were to be placed were strong and good. And they had and
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| − | were provided of such materialls for that purpose as they sayd were
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| − | good and sufficicient, and theire was enough of ither boards spanns
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| − | and materialls to have made the sayd stanchions more strong and
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| − | they might have had them if they had pleased of y:e certayne knowledge
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| − | of this deponent who was then gone as merchant of y:e sayd shipp
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| − | and had provided such materialls as were strong and sufficient
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| − | and they y:e sayd James Cooke, and maynard and y:e rest of the
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| − | Mariners concerned in y:e stowing of the sayd horses did refuse to
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| − | make use of them, saying that such as they had was sufficient. And
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| − | otherwise he cannot depose
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| − | | + | |
| − | To y:e third arle of y:e sayd accon This deponent saith that the sayd horses
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| − | being so putt on board, the sayd shipp ''Tankervale'' putt out to sea
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| − | and soone after upon the shippes working, the stanchions in which
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| − | the sayd horses were placed did breake downe in regard they
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| − | were too weake, and the sayd horses by reason of such bad stowage
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| − | fell
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| − | | + | |
| − | [Image P1090003]
| + | |
| − | | + | |
| − | [f. 168v.]
| + | |
| − | | + | |
| − | fell one upon another, and thereby one killed another and all of
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| − | them dyed except one horse and y.e sayd Cooke and Company
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| − | in stead of goeing with the sayd shipp to y.e barbadoes brought
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| − | her to Newcastle, of all which this deponent was an eye witnesse
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| − | and believeth that they so came to Newcastle without the order
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| − | of the sayd Richard batson or any other of the Owners of y:e
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| − | sayd shipp. And otherwise he cannot depose
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| − | | + | |
| − | To y:e fourth arle This deponent saith that upon y:e sayd shipps comong
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| − | to newcastle there was advertisement given to y.e sayd Batson
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| − | and Company of the sayd shipp being there and of y:e losses
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| − | of y:e sayd horses whereupon this deponent afterwards received
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| − | a lre from y:e sd Batson & Company directed to him this
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| − | deponent and y.e sayd Robert Cooke wherein they ordered y:e
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| − | sayd shipp to come about to y:e XXope in this River of Thames
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| − | there to be fitted with sich things as she needed for her
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| − | voyage to y:e Barbadoes to to that effect
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| − | | + | |
| − | To y:e fifth arle hee saith he cannot depose not being aboard y:e says
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| − | shipp when y.e sayd James Cooke and y:e s:d Maynard were imprest
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| − | | + | |
| − | To y:e sixth arle of y:e sayd accon he saith hee cannot depose, being not
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| − | well acquainted with y,e worke and duty of Mariners att sea
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| − | | + | |
| − | To y:e seventh arle of y:e sayd accon This deponent saith that for
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| − | the reasons aforesayd he knoweth it to bee true, that the onely
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| − | cause of the losse of all y.e horses was because the
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| − | stanchions were not made strong as they ought to have
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| − | bene, and as they might have bene had they when the stowage
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| − | did concerne made use of the sparrs which this deponent had
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| − | provided for that purpose, which hee saith were strong and
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| − | good: And he is well assured that in case the sayd stanchions
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| − | had bene made as they ought and might have bene the
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| − | sayd horses had been p:rserved. And further hee saith that the
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| − | care and lookeing to y:e making of y:e s:d stanchions did
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| − | proply belong to y:e sayd James Cooke and Maynard Johnson
| + | |
| − | as mate and Boatswayne, which hee knoweth by the observation
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| − | he hath made of the dutyes of Mates and Boatswaynes in y:e
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| − | like case, for many years that he hath used y:e sea as a merchant
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| − | And otherwise hee cannot depose
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| − | | + | |
| − | To y:e 8:th arle of y:e s.d accon This deponent saith that y.e sayd Batson
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| − | and Company by reason of the losse of the sayd horses have suffered
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| − | dammage to y:e balue of fifteene hundred pounds stocke att the
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| − | Least And so much the sayd horses so lost would have yeilded
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| − | and given in case they had come safe to y:e Barbadoes, which
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| − | he deposeth upon his knowledge in that trade, having used the
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| − | trade
| + | |
| − | | + | |
| − | [Image P1090004]
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| − | | + | |
| − | [f. 169r..]
| + | |
| − | | + | |
| − | y:e trade of the Barbadoes with horses and other merchandises for
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| − | this ten yeares past and having cast upp the price of y.e sayd
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| − | horses so lost with y:e usuall gayne made of like horses att y:e Barbadoes
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| − | findeth that y:e same would have yeilded att y:e usuall rate the syd
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| − | summe of fifteen hundred pounds sticke and upwards. And otherwise
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| − | he cannot depose
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| − | | + | |
| − | To y.e nynth arle hee saith that y:e sayd James Cooke att y:e tyme of his
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| − | hiring into y:e sayd shipp was but a young man about twenty yeares
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| − | of age, and in this deponents Judgment had not exoerience
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| − | and moral (Or, "merit") sufficent to be of a shipp for such a voyage as
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| − | was intended. And saith that he y:e sd James was and is by common
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| − | repute the sonne of the sd Robert Cooke Ma:r of y:e sayd shipp
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| − | and was hired by his sayd father to serve in her. And further
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| − | he cannot depose
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| − | | + | |
| − | [SIGNED] WILLIAM TICKELL
| + | |
| − | | + | |
| − | ----
| + | |
| − | [Image P1090061]
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| − | | + | |
| − | [f. 628r.]
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| − | | + | |
| − | "XXX hereafter reste to bee XXXXed, And further hee cannot depose
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| − | | + | |
| − | To the 5:th Article of the said Accon hee saieth That in or about the
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| − | moneth of September 1656, and upon y:e 11:th day of the said moneth
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| − | according to y.e English style, the said shipp the Xappahamarck and or
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| − | y:e XXuct of this depon:t being at sea with y:e said 53 or 54 Negroes
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| − | and the residue of her said Cargo, and sayling towards and
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| − | being in sight of the said Cape de Lopes upon her quiett and peaceable trading
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| − | was mett with by two duch shipps the one called the ''Mary'' of
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| − | Amsterdam, and the other called the ''XXXX'' of Middleburgh both
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| − | of them being commanded by the aclate John SXXoll a Duchman
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| − | and Subject of the States of the United Provinces, which did then in
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| − | a violent and hostile manner sett upon surprize and take the said
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| − | shipp y:e Xappahammarke togeather with her Tackle furniture and
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| − | Negroes and the rest of her lading, and dispoyled and utterly ?deprived
| + | |
| − | this depon:t and Companie thereof and ?converted y:e same to the use
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| − | and benefitt of the said John Scroll and Companie. The premisses hee
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| − | knoweth by sadd a psonall experiences. And further saith, That by and
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| − | according to the credible relation of the said Arthur Perkins and Comp:nie
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| − | the said two Dutch shipps in the moneth of August, immediately
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| − | precedent had alsoe in a violent and
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| − | hostile manner assaulted surprized and taken y:e said shipp y.e ''Sarah''
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| − | and her tackle furniture and Negroes aforesaid shee being at an anchor
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| − | at or neere Cape de Lopes aforesaid, and had dispoyled and depXXXed
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| − | said Master and Companie thereof. And that indeed this depo:t being
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| − | himselfe and his said shipp shortly after surprized and taken as afores:d
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| − | did soe the said shipp ''Sarah'' in the power and possession of the said
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| − | John Scroll and of those under his Command in the said Dutch shipps
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| − | And further cannot depose
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| − | | + | |
| − | To the 6:th hee saith That the said shipps the ''Marye'' and y:e
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| − | ''Unicorne'' at the time of the surprizeall of this deponents said shipp y:e
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| − | ''Rappahamarrke'' were Dutch shipps, that is the ''Mary'' was and is a
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| − | shipp built at Amsterdam in Holland, and the said shipp y:e ''Unicorne''
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| − | a shipp which had beene taken by the Holland:ers or Zealanders from y:e
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| − | Portugueze and had been repaired and built upon in Zeeland, and saith
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| − | That at the time aforesaid both the said shipps carried Spanish Colours
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| − | but the night immediately prceeding the said seizure, this depon:t had
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| − | seene them carry the Colours of Middleborough in Zeeland And farther
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| − | saith that the said shipps were from y:e said United Provinces sett out
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| − | | + | |
| − | [Image P1090064]
| + | |
| − | | + | |
| − | [f. 629v.]
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| − | | + | |
| − | to sea each of them with a cargo of goods to trade at Guiney [?for]
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| − | Negroes, and pticulalry that one ?Vandergoes of Zeeland XXX XXX
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| − | principall ?Owner and imployer of the said shipp the ''Unicorne''
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| − | was alsoe interested in the other shipp y:e ''Mary'' and that the ?said
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| − | Vandergoes and others the Own:rs of the said shipps the ''Mary'' and
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| − | ''Unicorne'' were Dutchmen and Subjects of the said States of y:e
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| − | United Netherlands Provinces, ??All which the premisses of this dep:t
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| − | saith hee hath understood and beene very credibly informed of XXX
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| − | before the seizure of the said shipp the ''XXappahamarck'' and the
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| − | one Lucas ?Carrots Master of a shipp in XXXX belonging to Holland
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| − | then trading in these parts with whom this dep:t XXX at the XXX
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| − | dayes before y:e seizure of the said shipp ''XXappaXXXX'' XXXX the
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| − | depon:t asking whether there were any men of warr upon y:e XXX
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| − | answered noe, but that there were some Dutch Merchant shipps
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| − | and that hee knew where their Own:rs and Imployers lived, XXXX XX
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| − | hee know where his owne Own.rs lived, and that if hee were in
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| − | Amsterdam hee could presently goe to their or severall of their houses
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| − | habitations in that place, and moreover that therefore hee did not
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| − | feare them under any such notion, And ptly for y:t the said
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| − | Commander John Scroll and the Gunner of the said shipp y:e
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| − | ''Unicorne'' (this depo:t upon y:e said seizure being brought on bord XXX
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| − | and there continueing a prisoner for about 6 weekes after) did
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| − | sevearall times declare in the hearing of this depon:t that the said ships
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| − | were sett out, as aforesaid, by the said Vandergoes and others subject
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| − | of the States of y:e said United Provinces, and saith that XXX
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| − | said Scroll and one Claes or Nicholas ?Praine Merchant or
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| − | Supra Cargo of the said shipp ''Marie'' did aboard y:e said shipp
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| − | ''Unicorne'' declare to this depon:t that they had in and about y:e
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| − | said shipps a Cargaison for y:e procureing of two Thousand
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| − | ffive hundred Negroes to be transported to ??Carthagona in the
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| − | West Indies there to be disposed of and sold for y:e use of XXX
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| − | of such their Dutch ?Proprietors And further said That soe long as
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| − | this depo:t continued a prison:r in and aboard the said shipp ''Unicorne''
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| − | hee well observed that all or the most pt of their shipps XXX
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| − | and provisions consisted in ?grett, ?horse ?beXxanes and other XXXX
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| − | usually employed in shipps fitted and victualled from Holland and
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| − | other united provinces, and that severall of the said shipps ?Companie
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| − | then confessed, that the provisions of beef, and sundry XXXX of
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| − | water which they then had aboard y.e said shipps had beene by XX
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| − | taken in, in the said united Netherlands, or words and expressions
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| − | to that or the like effect. Hee further saith That hee this depon:t
| + | |
| − | | + | |
| − | [Image P1090065]
| + | |
| − | | + | |
| − | [f. 630r.]
| + | |
| − | | + | |
| − | was not present at the seizure of the said shipp y:e ''Sarah'' and therefore
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| − | doeth not know, what colours y:er said Dutch shipps carried at the time
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| − | of the said seizure otherwise than that hee hath credibly understood both
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| − | by the said Captaine Perkins and by severall of his Companie, thyt y:e
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| − | said Dutch Shipps at the time of the said seizure were or carried the
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| − | Hollands or Middleborough colours as this XXXXX now remembreth
| + | |
| − | And further cannot depose
| + | |
| − | | + | |
| − | To the 7:th hee saith, That by and according to y:e confession of the said
| + | |
| − | John Scroll and severall of his companie made to this depo:t during his
| + | |
| − | said imprisonment, hee the said John Scroll was an inhabitant of or
| + | |
| − | neere ??Monnisbondam in Holland, and that this depo:t during his said
| + | |
| − | restraint well observed abnd to the pticular notice y:t the said Scroll and
| + | |
| − | the Gunner, Steeresman, Chirurgion, Boatswaine, Carpenter and
| + | |
| − | Saile-maker and many others both Officers and common men aboard
| + | |
| − | y:e said shipp were Dutchmen subjects of the said States of the United
| + | |
| − | Netherlands; and that they generally acknowledged themselves soe to
| + | |
| − | bee, and that they were sent and employed out of the said United
| + | |
| − | Provinces for Guinney aforesaid. Hee further saith, That during
| + | |
| − | such this depon:ts restraint, the said Dutch shipps giving chase to enother
| + | |
| − | English shipp, whuch had beene tradeing in thoses parts of Guinney and
| + | |
| − | was then bound thence to y:e east Indies, by name the ''Lion and
| + | |
| − | Providence'', whereof was Captaine Timothy Craven, the said John
| + | |
| − | Scroll within this depo:ts sight and observation caused two gunns to be
| + | |
| − | fired at or against y:e said English shipp with intent to make y:e
| + | |
| − | same strike sayle to them & y:t a sword being brandished upon y:e said English
| + | |
| − | shipp in manner of Defiance, or that they would to their power defend
| + | |
| − | themselves, as is usually understood in such Casesm thereupon
| + | |
| − | the said Scroll tooke up a sword and brandishing y:e same said in Dutch
| + | |
| − | theise words or the like in effect, ''[Italics added by this editor] Ick hebbe mel een sweerde, ick
| + | |
| − | sal straax bÿ u comen,'' and soe by the said Scrolls order and direction
| + | |
| − | severall great gunns were discharged at and against the said English shipp
| + | |
| − | till such time, as shee was necessitated to submitt and surrender to y:e
| + | |
| − | said shipp the ''Mary'' then Admiral of the said Dutch shipps
| + | |
| − | which during all y:e said Conflict carried the Spanish Colors, but
| + | |
| − | when they first espyed any strange shipps, and particulalry when any of
| + | |
| − | West India shipps of the said United Netherlands came
| + | |
| − | neere them, they constantly carried the Middelborough Colo:rs and
| + | |
| − | saith that that place being beyond the Line, upon occasion of such
| + | |
| − | meeting, if the said shipps the ''Mary'' and ''Unicorne'' had beene
| + | |
| − | Spanishe, they and the said other Dutch West India shipps
| + | |
| − | would in all probability, and according to common and usuall custome
| + | |
| − | | + | |
| − | [Image P1090066]
| + | |
| − | | + | |
| − | [f. 630v.]
| + | |
| − | | + | |
| − | either have ?attacked or beene attacked by the Dutch, for y:t this XXXX
| + | |
| − | ?Doth not usually tolerate any shipp or shipps of other nations ??tradeing ??in
| + | |
| − | y:e West Indies And further hee cannot depose
| + | |
| − | | + | |
| − | To the Eighth Actle hee saith, That every one of the said XX XX XX
| + | |
| − | Negroes which this depon:t had on board his said shipp y:e ''XXXXXX''
| + | |
| − | at the time of the XXXX XXXXX, and alsoe the hundred Negroes XXXXXX
| + | |
| − | this depo:t intended to have procured with the XXX of the XXX outward
| + | |
| − | Cargoe would have given and produced in Virginia being the
| + | |
| − | place to which they were designed, thirty pounds ?ster:g at y:e
| + | |
| − | least, this depon:t before hee sett forth upon y:e voiage aforesaid
| + | |
| − | haveing here at London been offered 25:li sterling ready money ?for
| + | |
| − | ?such Negroes hee should procure and deliver at Virginia XXXX
| + | |
| − | and to have the benefitt of the moneys for y:e whole voiage, XXXX
| + | |
| − | would have procured rather more than ??less benefitt than that XX
| + | |
| − | is by him preXXXed, And further saith, That hee this depo:t
| + | |
| − | verily veleeveth, That the 160 negroes or thereabouts in and on
| + | |
| − | board the said shipp ''Sarah'' at the time of her said ?surprisall by
| + | |
| − | by being designed for Virginia or the Barbadoes, would have XXXXXX
| + | |
| − | ?produced to the Owners 30:li XXXX p head, or the worth thereof
| + | |
| − | in goods and ?Commodities of those Countreyes, And this dep:t
| + | |
| − | saith That about the eighteenth or 20:th day of December ?thatt this
| + | |
| − | depo:t after y:e seizure aforesaid being come to y:e Barbadoes, ?there
| + | |
| − | was credibly??informed by M:r Giles Thornbury Master of and English
| + | |
| − | Vessell then newely come in therewith Negroes from y:e XXX
| + | |
| − | of Guinney aforesaid, that hee had sold and disposed of them XXX
| + | |
| − | with another for 27 hundred weight of sugar p head, ?and a
| + | |
| − | hundred being there valewed at five and XXXX shillings, which is
| + | |
| − | more than y:e summe by him predeposed, And further cannot depose
| + | |
| − | saveing that the Negroes ?psons, which hee this depon:t had soe pcured
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| − | were all of them lusty young persons and soe hee intended to
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| − | have procured the remaining hundred of negroes, soe that they
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| − | would without any difficulty have procured the valew by him
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| − | predeposed and upwards. And further hee cannot depose
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| − | | + | |
| − | To the 9:th hee saith, hee knowing nothing of the contents of XXXX
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| − | further or otherwise than hee predeposed, for that hee this
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| − | depo:t was not at any time about y:e said shipp ''Sarah'' XXX XXX
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| − | their at the said Scroll and Companie had taken all y.e goods
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| − | and Negroes in question out of the same
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| − | | + | |
| − | To the 10:th Actle hee saith, That the said shipp y:e ''XXXXXXXXXXX''
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| − | being a shipp of the burthen of 220 tunns or thereabouts
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| − | | + | |
| − | [Image P1090067]
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| − | | + | |
| − | [f. 631r.]
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| − | | + | |
| − | bearing eight peeces of Ordinance togeather with her tackle apparell
| + | |
| − | furniture and provisions for y.e shipps companies and negroes were
| + | |
| − | at the time of the seizure aforesaid really worth the summe of Two
| + | |
| − | Thousand seaven hundred pounds sterling money of England, which
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| − | hee knowth for that a sixteenth pt of the said shipp before shee was
| + | |
| − | soe fitted and furnished to sea upon y:e voiage aforesaid, of this depon:ts certaine knowledge was by Richard Bull the former Master and pt
| + | |
| − | Owner thereof, sold unto y:e said Jeffereys and Colclough for ine
| + | |
| − | hundred pounds at the least, soe y:t the whole shipp in the condition shee
| + | |
| − | then was did after y:t rate amount unto 1600:li or thereabouts and with
| + | |
| − | y:e addition of all necessary tackle apparrell furniture provisions and
| + | |
| − | all conveniences for such a boiage and service, this depon:t is in his Conscience
| + | |
| − | and to the best of his Judgement fully convinced and assured of the value
| + | |
| − | of the premisses as hee hath predeposed y:e same, And as to y:e said
| + | |
| − | shipp y:e ''Sarah'', hee cannot depose anything knowlingly, as to the value
| + | |
| − | thereof, nor touching the freight or mens wages in and aboard y:e same
| + | |
| − | the voiage in question. And further or otherwise hee cannot depose
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| − | | + | |
| − | To the 11:th hee saith, That about two moneths after y:e
| + | |
| − | seizure of the said shipp ''?Xappahanmark'' the said Scroll and Companie
| + | |
| − | redelivered unto the Companies of the said surprized shipps, and of two
| + | |
| − | other English shipps, which they had alsoe thereabouts surprized and taken,
| + | |
| − | the said shipp ''Sarah'', they haveing taken out of the same all the provision
| + | |
| − | of Victualls, saveing two butts of beanes, two barrells of beefe, one hundred
| + | |
| − | of Stockfish and about 5. or 600. weight of bread, togeather with
| + | |
| − | some tunns of water, the Company then by them putt aboard y:e said
| + | |
| − | shipp ''Sarah'' being about 70. psons, and being strictly ordered and
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| − | enjoyned by the said seizo:rs to goe directly for England upon paine of
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| − | forfeiture of the said shipp if they deviated or tooke any other Courses or ?voiages ??20:th
| + | |
| − | would have required about three moneths time, but this depon:t and the said
| + | |
| − | Arthur Perkins & the rest of the seized shipps companie soe putt on board
| + | |
| − | the said shipp ''Sarah'' finding that such provisions were altogeather insufficient
| + | |
| − | for such a Companie and voiage, and haveing but one ?entire anchor; and one
| + | |
| − | peece ofa cable of about 50. or 60. fathom, and one suite of sailes very
| + | |
| − | thin and insufficient for such a voiage, and being unwilling to expose their
| + | |
| − | lives to such imminent and almost inevitable danger, they sailed from
| + | |
| − | Cape de Lopes aforesaid to y:e Island of S:t Thomas, where they were
| + | |
| − | necessitated to sell the said shipp y:e ''Sarah'' for Victualls to keepe them
| + | |
| − | alive and to furnish another small Vessell, which they there procured to
| + | |
| − | carry them to y:e Barbadoes, there to gett passage for England, and saith
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| − | if they had not steered y:e Course and sould the said shipp to the use and
| + | |
| − | intent aforesaid, they must in all probability have perished for want of
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| − | Victualls. The premisses hee declareth and knowth by sadd experience
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| − | to bee true And otherwise to this Acle hee cannott depose
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| − | | + | |
| − | [Image P1090068]
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| − | [f. 631v.]
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| − | '''This image is out of focus, uând unreadable - need to reimage this page'''
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| − | '''End of images for this deposition - go back to physical manuscript to see if there are further depositions. Also search elsewhere for any financial accounts of the voyage'''
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