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HCA 13/124 f.101v Annotate +	12th Juni 1651. [CENTRE HEADING] Repeated before}<br /> doctor Exton} '''det [?X]. 5./''' The fuller and playner answears<br /> of '''Josias Goddard''' made to the<br /> 2. 3. 4. 6th. and 13th. articles of the<br /> allegation given in against him<br /> on the behalfe of William<br /> Jenny doe followe To the second third fowerth sixth and<br /> thirteenth pretensed positions hee<br /> answereth and referreth himselfe to<br /> his former answears and further this<br /> rendent answeareth and beleeveth that<br /> upon the order of the said Paulett<br /> mentioned in his former answears<br /> made to the second position of the said<br /> Jennys allegation this rendent and<br /> his partner Edward Bennett did at<br /> or neere Cale shipp or cause to bee<br /> shipped on board the ''Mayden head''<br /> arlate whereof William Hancocke<br /> was master the said 50 pipes pf oyles<br /> marked with the marke iin the margent<br /> of the bill of ladinge mentioned in this<br /> rendents answeares formerly given to the<br /> third article of the foresaid allegation<br /> and noe other marke as he beleeves,<br /> and that the said bill of ladinge was<br /> firmed by the said Hancocke aboput<br /> eight dayes after the ladeinge of the<br /> same as he beleeves and noe lesse annd<br /> given to this rendent or his partener./ Jos: Goddard [SIGNATURE, RH SIDE]  +
HCA 13/124 f.102r Annotate +	The 13th of June <u>1651</u> [CENTRE HEADING] Repeated before}<br /> doctor Clerk one of}<br /> the Judges et cetera} '''det 8th.''' The personall Answers of '''William'''<br /> '''Williams and henry Thernech'''<br /> made to the positions of an Alle<br /> gation given in against them on<br /> the parte and behalfe of Jeremy<br /> Warren doe followe/ To the first pretended position they<br /> and either of them answer and beleeve<br /> that the time arlate the arlate Warren<br /> was Master of the said shippe the ''Messina''<br /> ''Merchant'' and tooke upon him the care<br /> and charge of her And otherwise for<br /> theire parts they doe not beleeve the said<br /> position to bee true in any parte thereof. To the second pretended position they and<br /> either of them answer and beleeve that<br /> the said shippe the ''Messina merchant''<br /> and the arlate Warren were the time arlate<br /> at Lepora arlate and there these respondents<br /> beleeve there were laden onbord the said shipp<br /> and consigned to these respondents the<br /> respective goods wares and merchandizes<br /> respectively mentioned in the said schedule<br /> to bee conseigned to these respondents respectively and<br /> that the laders of the said goods did consent<br /> and agree as they beleeve that upon the<br /> said Warrens delivery of the said respec<br /> tive goods unto these respondents respec=<br /> tiely in good order and well conditioned<br /> that these respondents should pay into the<br /> said Warren the respective summes of<br /> money for the freight thereof mentio=<br /> ned in the schedule annexed to these<br /> respondents answers and noe more as they<br /> beleeve. And soe much and noe more these  +
HCA 13/124 f.102v Annotate +	respondents doe beleeve the said Warren in part<br /> and did deserve in case hee had delivered<br /> the same well conditioned And soe much and<br /> noe more these respondents beleeve other<br /> persons doe usually pay for the like goods<br /> And otherwise for theire parts they nor<br /> either of them doe not beleeve the said pos<br /> ition to bee true in any parte thereof/ To the third pretended position they and either<br /> of them answer and beleeve that the said<br /> Jeremy Warren arrived here in this port<br /> of Londo with the shippe the ''Messina mer=''<br /> ''chant'' arlate and that after his Arrivall<br /> here these respondents beleeve the arlate<br /> Jeremy Warren did deliver unto these<br /> rendents theire respective goods and me=<br /> chandizes but very many of them much<br /> spoiled and damnified either by the fault<br /> or occasion of the said Warren and Com<br /> pany or by the insufficiency of the said shipp<br /> as they beleeve and these respondents beleeve that<br /> they these respondents did promise unto the said<br /> Warren that in case hee would make them<br /> good the dammadge of their said goods soe sus<br /> tained in his shipp that then they these<br /> respondents would respectively pay unto him<br /> theire respective freight soe due from<br /> them upon the delivery of their goods in<br /> good Condition and not otherwise<br /> as they beleeve And these resppondents further<br /> beleeve that the merchants who laded the<br /> said goods did signifie and declare unto<br /> these respondents what the freight did amount<br /> unto And further these respondents referre  +
HCA 13/124 f.103r Annotate +	[ADD DATA] The schedule mentioned in the<br /> Answers aforesaid Laden onbord the said shipp}<br /> the ''Messina merchant'' and con}<br /> signed to William Williams}<br /> 4 bales of Spanish silke the freight}<br /> whereof did amount unto} 5. 8. 6. ffor nine Cases and baggs of}<br /> druggs consigned to the siad}<br /> Mr Williams the freight whereof}<br /> doeth amount to} 28. 0 = 0 for 800 Barrills of Reasons}<br /> consigned to the said William}<br /> Williams the freight whereof}<br /> did amount to} 75 - 0 - 0- for 350 Barrills of Reasons}<br /> consigned to Henry Thornehey}<br /> the freight whereof doeth}<br /> amount to} 40 . 0 = 0 = Wm Williams [SIGNATURE, RH SIDE]<br /> Hen Thornhaghe [SIGNATURE, RH SIDE]  +
HCA 13/124 f.107r Annotate +	by the factors or Agents of the said Bar[?on]<br /> that they had noe more goods to putt<br /> onboard himbut that hee should or<br /> might departe with them hee did set saile<br /> therewith for this port of London and<br /> here safely arrived upon the 5th day of<br /> January 1650 and not before And other<br /> wise hee doeth not beleeve the said pretensed<br /> position to bee true in any parte./. To the 5th hee answereth and beleeveth that<br /> the say hee arrived with his said shipp and<br /> wines being the 5th of January as hee<br /> hath before expressed in his Answers to<br /> the first the same was the Lords day<br /> usually called Sunday which being a<br /> day of cessation from worldly buisines<br /> this respondent did the very next mor=<br /> ning being the 6th of January goe<br /> with his broker in the morneing of the<br /> same day to Mr Roger Kilvert to his<br /> house in Broadstreete and did there<br /> acquaint him with his arrivall with his<br /> said shippe and wines and other goods<br /> att this port of London and did alsoe<br /> tell him that whereas by the charterparty<br /> made for the said voyadge the said Alexan=<br /> der Baron was to full lade the said shipp<br /> or else to pay freight as if shee were<br /> full laden and that hee was come dead<br /> freighted and not fully laden according<br /> to contract and that hee should expect<br /> his whole freight and therefore desired<br /> the said Mr Kilvert if hee soe pleased to<br /> come onboard the said shipp the ''Hope''<br /> to veiw the empty roome thereof and<br /> the said Mr Kilvert did make answer<br /> that hee would come onboard and bring<br /> Two or three Trinity house men with<br /> him but that hee was unacquainted  +
HCA 13/124 f.107v Annotate +	with them or most of them (as hee said)<br /> and thereupon hee desired the said Broker<br /> Jacob Vanderbeck to get Two or three<br /> of the said Trinity house men for him<br /> against the next day being the 7th of<br /> January and then hee would come and<br /> see hee alsoe did come onboard the<br /> said shippe the said 7th of Kanuart and<br /> brought three or foure other persons with<br /> him who looked superficially only upon<br /> the empty Roome in the said shippe and<br /> soe departed and as they the said Mr Kilvert<br /> and the other persons were goeing away<br /> the said Mr Kilvert did then and not before<br /> give order to this rendent to enter [?his]<br /> said shippe the next day which was the<br /> eight of January and that hee should<br /> enter short of what hee brought Twenty<br /> five pipes to which the said Peeterson<br /> answered that hee would not make false<br /> entry but would enter his whole quan<br /> tity the said Mr Kilvert replyed that<br /> hee would not have the said shippe soe<br /> entred and for that and noe other reason<br /> but because the said Mr Kilvert would<br /> not consent that this rendent should<br /> make true entry of his said goods hee<br /> this respondent did not enter the said<br /> shippe the said eight day as hee beleeveth<br /> And othwrise hee doeth not beleeve the<br /> said positions to bee true in any parte To the 6th hee answereth and beleeveth<br /> that in case the said shippe had beene<br /> entred the third day arlate shee might<br /> have beene discharged of her goods if<br /> the said Mr Kilvert would have made<br /> hast to have taken them out by the 8th<br /> or 9th dayes videlicet within the space of<br /> five or sixe dayes and within that<br /> space of dayes shee was or might have beene  +, with them or most of them (as hee said)<br /> and thereupon hee desired the said Broker<br /> Jacob Vanderbeck to get Two or three<br /> of the said Trinity house men for him<br /> against the next day being the 7th of<br /> January and then hee would come and<br /> see hee alsoe did come onboard the<br /> said shippe the said 7th of Kanuart and<br /> brought three or foure other persons with<br /> him who looked superficially only upon<br /> the empty Roome in the said shippe and<br /> soe departed and as they the said Mr Kilvert<br /> and the other persons were goeing away<br /> the said Mr Kilvert did then and not before<br /> give order to this rendent to enter [?his]<br /> said shippe the next day which was the<br /> eight of January and that hee should<br /> enter short of what hee brought Twenty<br /> five pipes to which the said Peeterson<br /> answered that hee would not make false<br /> entry but would enter his whole quan<br /> tity the said Mr Kilvert replyed that<br /> hee would not have the said shippe soe<br /> entred and for that and noe other reason<br /> but because the said Mr Kilvert would<br /> not consent that this rendent should<br /> make true entry of his said goods hee<br /> this respondent did not enter the said<br /> shippe the said eight day as hee beleeveth<br /> And othwrise hee doeth not beleeve the<br /> said positions to bee true in any parte To the 6th hee answereth and beleeveth<br /> that in case the said shippe had beene<br /> entred the third day arlate shee might<br /> have beene discharged of her goods if<br /> the said Mr Kilvert would have made<br /> hast to have taken them out by the 8th<br /> or 9th dayes videlicet within the space of<br /> five or sixe dayes and within that<br /> space of dayes shee was or might have beene  +
HCA 13/124 f.108r Annotate +	discharged as hee beleeveth if the said Mr Kilvert<br /> would have had it soe And otherwise hee<br /> doeth not beleeve the said position to<br /> bee true in any parte To the 7th and 8th hee answereth that<br /> saveing his former Answers which<br /> hee beleeveth to bee true<br /> hee doeth not beleeve the said pretensed<br /> positions or either of them to bee true<br /> in any parte To the nineth hee answereth and belee=<br /> veth that upon the ninth day of Janua<br /> ry the River of Thames was and became<br /> soe full of Ice that this respondent was<br /> necessitated for preservation of his said<br /> shipp and goods to stay onboard and<br /> gett his said shipp haled onshoare<br /> least the Ice might have cutt the Cable<br /> and soe have endangered the utterlosse<br /> both of the said shippe and goods and<br /> the same could not bee soe hawled on<br /> shoare but with the Tide or a flowing<br /> and high water as hee beleeveth which<br /> was betweene or about the houres of<br /> Tenne eleaven and Twelve in the fore<br /> noone and one of the Clocke in the<br /> afternoone of the said day as hee bee=<br /> leeveth and the said shipp was not<br /> nor could bee new moored till about<br /> one of the Clock in the afternoone of<br /> the said ninth of January and for<br /> that the Custome house was shutt and<br /> the time past as hee beleeveth soe that<br /> hee could not enter his said shippe<br /> that day and there was a necessity of<br /> his being onboard his said shippe<br /> all the said time whilest his said shipp  +
HCA 13/124 f.109r Annotate +	some of the wines would lye<br /> in the Lighters the said Lords day such<br /> parte thereof as were not before the said<br /> eighteenth day delivered should remaine<br /> onboard he said shippe untill the 20th<br /> day of the said moneth of January<br /> and upon that day all the said goods<br /> were delivered out of the said shippe free<br /> of the Tackle thereof to the said Hilvert<br /> or his Assignes as hee beleeveth/ To the 10th hee answereth that hee doeth<br /> not beleeve the same to bee true in any parte To the 11th. and 12th. hee answereth and<br /> beleeveth that the said wines were as hee<br /> beleeveth worth and would have yeelded<br /> as much per pipe when hee delivered<br /> the same as they were or would have<br /> yeelded eight or Ten dayes before which<br /> was about Twenty pounds<br /> per pipe one with another and noe more<br /> as hee beleeveth And otherwise hee doeth<br /> not beleeve the said pretensed positions or<br /> either of them to bee true in any parte To the 13th. hee answereth and beleeveth that<br /> the said wines were delivered in due time<br /> and assoone as this respondent could<br /> deliver the same for the reasons before<br /> expressed in this respondents Answers<br /> And otherwise for his parte hee doeth not<br /> beleeve the said positions to bee true in<br /> any parte/ To the 14th. hee answereth and beleeveth<br /> that teh said shippe the ''Hope'' att the<br /> time of her arrivall att this port of<br /> London did come home dead freighted  +
HCA 13/124 f.109v Annotate +	the number or quantity of one hun=<br /> dred ninety Two Canary pipes of<br /> wines att least and that her warant<br /> roome would have contained soe<br /> many more and noe lesse as hee bele=<br /> veth which doe make ninety six Tonnes<br /> as hee beleeveth and soe many Tonnes<br /> more shee could have brought as hee be<br /> leeveth then shee did bringe and otherwise<br /> hee doeth not beleeve the said position<br /> to bee true in any parte To the 15th. hee answereth that hee refer=<br /> reth himselfe to his Answers to the 5th Ar<br /> ticle which hee beleeveth to bee true And<br /> otherwise hee doeth not beleeve the said<br /> pretensed position to bee true in any parte To the 16th. and 17th. hee answereth and beleeveth<br /> that at the time arlate there were laden<br /> onboard the said shippe Two hundred<br /> eighty and three pipes of wine and<br /> seaven packs of Cutcheneale as this<br /> Rendent in his former Answers hath<br /> expressed all which were laden by the<br /> factors and Agents of the said Alexander<br /> Baron whoe freighted the said shippe<br /> as hee beleeveth and consigned to him<br /> the said Kilvert by charter party but by<br /> bills of ladeing some of the said wines<br /> were said to bee fore the Account of other<br /> persons and soe the said one hundred and<br /> ninety pipes of Canary wines arlate<br /> were said to bee laden for the Account<br /> of Mr Roger Kilvert and the bill of<br /> ladeing mentioned in the said Article<br /> was by this Rendent in fact signed for<br /> the same and is one of the originall<br /> bills for the said 190 pipes as hee beleeveth<br /> but hee doeth not beleeve the contents  +
HCA 13/124 f.10r Annotate +	the said summe of 24. ''s'' or ever undertake<br /> or promise to pay him the said summe but<br /> beleeveth that hee was hired by Captaine<br /> Andrewes one of the setters forth of the<br /> Shipp arlate whoe telling this Rendent<br /> that hee should have or that hee promised<br /> 24. ''s'' per moneth hee did accordingly write<br /> his name and the said summe downe in<br /> his booke And hee beleeveth the identity<br /> of the persons alleadged./ Will Jackett [SIGNATURE, RH SIDE] ********************* 9th decembris 1650 [CENTRE HEADING] Repetit coram}<br /> Doctor Clerk Jud}<br /> uno et cetera}<br /> det Smith} The personall Answers of '''Richard'''<br /> '''Wilson''' made to the positions of an<br /> Allegation given in against him on<br /> the behalfe of John Treleague<br /> Charles Sumpter and others doe<br /> followe To the first pretensed position hee answereth<br /> and beleeveth that within the time arlate<br /> and untill the Twenty third day of October<br /> last past and not after ut credit this<br /> rendent was owner of Twoe fifteene<br /> parts of the shipp the ''Ulisses'' arlate and her<br /> Tackle and furniture and noe more ut<br /> credit and Master and Commander of her<br /> by the order and direction of the rest of<br /> her owners ut credit And otherwise for his<br /> parte hee doeth not beleeve the said position<br /> to bee true in any parte thereof/ To the second pretensed position hee answereth<br /> and beleeveth that within the time arlate<br /> this Rendent did hire and agree with<br /> the severall and respective marriners  +
HCA 13/124 f.10v Annotate +	mentioned and expressed in the schedule<br /> annexed to this rendents Answers ut<br /> credit for a voyadge to bee made with<br /> her from this porte of London on a<br /> tradeing voyadge to certaine ports and<br /> places beyond the Seas and soe backe<br /> againe to this porte of London and<br /> was to pay them the severall and re=<br /> spective wages mentioned in the said<br /> schedule annexed to this rendents An-<br /> swers And noe more ut credit And other<br /> wise for his parte hee doeth not beleeve the<br /> said position to bee true in any parte thereof To the third perused position hee answereth<br /> and beleeveth that the time arlate this<br /> rendent did hire and agree with the said<br /> Treleague Sumpter and Companye<br /> mentioned in the schedule annexed to<br /> his this Rendents Answers by the moneth<br /> for a voyadge from hence to Russia and<br /> from thence to Legorne and soe to any<br /> other lawfull ports or places where this<br /> Rendent should find imployment for the said<br /> shipp And otherwise for his parte hee doeth<br /> not beleeve the said position to bee true in<br /> any parte thereof/ To the 4th pretensed position hee answereth<br /> and beleeveth That the said Treleague<br /> and the rest of the marriners mentioned<br /> in the schedule annexed to this rendents<br /> Answers did enter into pay the time<br /> arlate and sailed in the said shippe to<br /> Russia and soe to such other ports and<br /> places as this Rendent found tradeinge for  +
HCA 13/124 f.110r Annotate +	of the said bill of ladeing were true nor<br /> that the said pipes were full of wines<br /> when they came onboard as therein is<br /> contained but that the said pipes did want<br /> some of them Ten gallons others Twelve<br /> and some more and some lesse as hee<br /> beleeveth yet notwithstanding such<br /> want of wines hee was arrested and<br /> troubled and for quietnes sake inforced<br /> to signe the said bills of ladeing as full<br /> and was tould by the said factors or Agents<br /> whoe laded the same that it was usuall and<br /> customary to signe the bills of ladeing soe<br /> although the Caske were not full and<br /> if they should want Tenne or Twelve<br /> nay sixteene pipes in the hundred att<br /> theire delivery out in England yet it<br /> should make noe difference here betweene<br /> the merchant and this Respondent as<br /> the said factors and Agents whoe laded<br /> the said wines said and informed this<br /> Respondent as hee beleeveth and hee belee<br /> veth and declareth by vertue of his oath<br /> that hee hath since his Arrivall here in<br /> this port of London delivered to the said<br /> Mr Kilvert and the rest of the parties to<br /> whome the same were consigned all the<br /> said wines soe by him received into his<br /> said shipp faithfully and truely without<br /> any imbeazlement on his parte And other<br /> wise hee doeth not beleeve the said positions<br /> or either of them to bee true in any<br /> parte thereof Saveing that hee beleeveth<br /> that from and after the sixth of January<br /> that the said shippe was arrived with<br /> the said wines the said Mr Kilvert had<br /> Two Coopers onboard the said shipp  +
HCA 13/124 f.110v Annotate +	continually day and night untill all the said<br /> wines were delivered out whoe did<br /> drawe off divers of the pipes of wine<br /> and fill upp others with them on shipp<br /> board soe full that they ranne over at<br /> the bung holes and in the filleing thereof<br /> the said Coopers spent neere eighteene<br /> pipes of wine except the Lees and some<br /> small quantity of wine therein which<br /> the said kilvert put [?XXware] as for<br /> empty Caske without payeing Custome<br /> or other duties for the same as hee beleeveth To the 18th hee answereth that hee beleeveth<br /> the Answers by him made to bee true<br /> And otherwise doeth not beleeve the said<br /> position to bee true in any parte./ Christopher Peterson [SIGNATURE, RH SIDE] ******************* The third of July 1651 Repeated before<br /> doctor Exton one of<br /> the Judges et cetera. The personall Answers of '''Gregory Gard'''<br /> '''ner''' made to the pretended positions of<br /> an Allegation given on the behalfe of<br /> Isaach Phillipps Richard Alford and<br /> Company against the shipp the ''Saint''<br /> ''Nicholas'' of which this Rendent is<br /> Master as followeth To the first second third and fourth hee<br /> answereth that hee doeth not beleeve the<br /> said pretensed positions or eithe rof them to<br /> bee true in any parte To the 5th and 6th hee answereth abd beleeveth<br /> that Lambert Corbelis with the said shipp<br /> the ''Constant'' did in fact unduely and<br /> uniustly as hee beleeveth seize and surprize<br /> teh said shipp the ''Saint Nicholas'' and the  +, continually day and night untill all the said<br /> wines were delivered out whoe did<br /> drawe off divers of the pipes of wine<br /> and fill upp others with them on shipp<br /> board soe full that they ranne over at<br /> the bung holes and in the filleing thereof<br /> the said Coopers spent neere eighteene<br /> pipes of wine except the Lees and some<br /> small quantity of wine therein which<br /> the said kilvert put [?XXware] as for<br /> empty Caske without payeing Custome<br /> or other duties for the same as hee beleeveth To the 18th hee answereth that hee beleeveth<br /> the Answers by him made to bee true<br /> And otherwise doeth not beleeve the said<br /> position to bee true in any parte./ Christopher Peterson [SIGNATURE, RH SIDE] ******************* The third of July 1651 Repeated before<br /> doctor Exton one of<br /> the Judges et cetera. The personall Answers of '''Gregory Gard'''<br /> '''ner''' made to the pretended positions of<br /> an Allegation given on the behalfe of<br /> Isaach Phillipps Richard Alford and<br /> Company against the shipp the ''Saint''<br /> ''Nicholas'' of which this Rendent is<br /> Master as followeth To the first second third and fourth hee<br /> answereth that hee doeth not beleeve the<br /> said pretensed positions or eithe rof them to<br /> bee true in any parte To the 5th and 6th hee answereth abd beleeveth<br /> that Lambert Corbelis with the said shipp<br /> the ''Constant'' did in fact unduely and<br /> uniustly as hee beleeveth seize and surprize<br /> teh said shipp the ''Saint Nicholas'' and the  +
HCA 13/124 f.111v Annotate +	and had his Letters Testimoniall onboard<br /> the said shippe att the time of the said seizure<br /> whereby it did appeare that hee was as<br /> hee is a free Burger and Denison of<br /> fflushen which was taken from him by the<br /> said Cornelis and Company or some of<br /> them and is suppressed and concealed <br /> by them as hee beleeveth And otherwise<br /> hee doeth not beleeve the said pretended position<br /> to bee true To the 8th hee answereth that the said shipp<br /> the ''Saint Nicholas'' was taken as aforesaid in<br /> the port or harbour of Portland within<br /> halfe a mile or lesse of the shoare as hee<br /> beleeveth And otherwise hee doeth not<br /> beleeve the said position to bee true in any part To the last hee answereth that saveing<br /> his former Answers hee wholly denieth<br /> the same./ gregoire [?gaXdinell] [SIGNATURE, RH SIDE] ************************* The 19th of July 1651 [CENTRE HEADING] Repeated before<br /> doctor Exton one of<br /> the Judges et cetera The personall Answers of '''William'''<br /> '''Beale''' made to the positions of a<br /> pretended Allegation against him on the<br /> behalfe of Thomas Poldeing<br /> doe followe To the first second and third positi=<br /> ons of the said pretended Allegations hee<br /> answereth and accepteth of the same<br /> soe farre forth as they make for him<br /> and not otherwise and hee refer<br /> reth himselfe to the Charter party<br /> arlate ad beleeveth the same to bee<br /> signed sealed and delivered by this  +
HCA 13/124 f.113r Annotate +	To the 8th and 9th positions hee an<br /> swereth and referreth himselfe to<br /> the Contract and agreement arlate<br /> And otherwise doeth not beleeve the<br /> same to bee true in any parte To the 10th 11th and 12th positions hee an<br /> swereth and for his parte doeth not bee<br /> leeve the same to bee true in any parte To the 13th position hee answereth and<br /> acknowledgeth the requisition arlate<br /> by this suite And otherwise doeth not<br /> beleeve the same to bee true in any parte To the 14th and 15th positions hee answ<br /> reth and referreth himselfe to the<br /> Acts and Registry of this Court<br /> And otherwise doeth not beleeve the<br /> same to bee true in any parte./ reckoned hither to Mr<br /> Geo Smith 28th July 1651 William Beak [SIGNATURE, RH SIDE] *************************************** The 16th of July 1651 [CENTRE HEADING] Repeated before<br /> doctor Clark one of<br /> the Judges et cetera. The personall Answers of '''Anthony [?Areist]'''<br /> made to the pretended positions of a pretended<br /> Libell given against him on the behalfe<br /> of Edward Chappell as followeth To the first and second hee answereth and belee<br /> veth that by the order of the arlate Chappell<br /> hee this rendent was about the moneth of<br /> August 1641 put into the possession of the<br /> arlate shippe the ''Seahorse'' att the Groyne<br /> in Spaine or Galicia and the said Chappell<br /> was then att the Groyne And otherwise hee<br /> doeth not beleeve the said position to bee<br /> true in any parte./  +, To the 8th and 9th positions hee an<br /> swereth and referreth himselfe to<br /> the Contract and agreement arlate<br /> And otherwise doeth not beleeve the<br /> same to bee true in any parte To the 10th 11th and 12th positions hee an<br /> swereth and for his parte doeth not bee<br /> leeve the same to bee true in any parte To the 13th position hee answereth and<br /> acknowledgeth the requisition arlate<br /> by this suite And otherwise doeth not<br /> beleeve the same to bee true in any parte To the 14th and 15th positions hee answ<br /> reth and referreth himselfe to the<br /> Acts and Registry of this Court<br /> And otherwise doeth not beleeve the<br /> same to bee true in any parte./ reckoned hither to Mr<br /> Geo Smith 28th July 1651 William Beak [SIGNATURE, RH SIDE] *************************************** The 16th of July 1651 [CENTRE HEADING] Repeated before<br /> doctor Clark one of<br /> the Judges et cetera. The personall Answers of '''Anthony [?Areist]'''<br /> made to the pretended positions of a pretended<br /> Libell given against him on the behalfe<br /> of Edward Chappell as followeth To the first and second hee answereth and belee<br /> veth that by the order of the arlate Chappell<br /> hee this rendent was about the moneth of<br /> August 1641 put into the possession of the<br /> arlate shippe the ''Seahorse'' att the Groyne<br /> in Spaine or Galicia and the said Chappell<br /> was then att the Groyne And otherwise hee<br /> doeth not beleeve the said position to bee<br /> true in any parte./  +
HCA 13/124 f.113v Annotate +	To the third 4th and 5th hee answereth and<br /> beleeveth That the time arlate hee this rendent<br /> did by order and direction of the sayd Chappell<br /> set saile with the shippe from the Groyne<br /> arlate to Rochell to seeke a freight and did<br /> there safely arrive and soone after her<br /> arrivall there this Rendent did let her out<br /> to freight from the said port of Rotchell<br /> to this port of London to carry salt<br /> with which hee did set saile from Rotchell<br /> and safely arrive in this port of London<br /> on or about the time arlate and did deli<br /> ver the said salt to the merchant to whome<br /> the same was consigned and did receive<br /> the Sume of 220 ''li'' for the freight thereof<br /> and noe more and otherwise hee doeth<br /> not beleeve the said positions or either of<br /> them to bee true in any parte/ To the sixth hee answereth and beleeveth<br /> that within the time arlate and before the<br /> departure of the said shippe from the Groyne<br /> hee this rendent did receive from the agents<br /> or Assignes of the said Chappell the quanti<br /> ty of fower Thousand Ryalls black money<br /> worth about sixty poundes sterling and<br /> noe more as hee beleeveth to buy victualls<br /> and provisions for the said shipps Company<br /> and to pay for the charges of the bringing<br /> the Company being Twenty one in number <br /> from Saint Sebastians to the Groyne aforesaid<br /> and hee did alsoe then receive three or foure<br /> Barrills of Tarre and a small parcell of<br /> hoopes which hoopes and Tarr were sold  +
HCA 13/124 f.114r Annotate +	by this rendent att Rotchell in ffrance for<br /> eighty Livers and noe more makeinge<br /> in sterling money seaven pounds and<br /> six pence and noe moreas hee beleeveth<br /> And otherwise hee doeth not beleeve the said<br /> pretensed position or schedule to bee true in<br /> any parte/ To the 7h and 8th and 9th hee answereth and beleeveth<br /> att the time when hee this Rendent did<br /> receive the said shipp at the Groyne<br /> by the order of the said Chappell hee did<br /> then receive order from the said Chappell<br /> to followe the direction and advice of<br /> Mr Thomas Rowden of the Citty of London<br /> merchant in all thinges toucheing the<br /> said shippe and soone after her arrivall<br /> here from Rotchell the said shippe<br /> was arrested upon severall Actions here<br /> in this Court with all which this Rendent <br /> did acquaint the said Mr Rowden accor=<br /> deing to the order of the said Mr Chappell<br /> and the said shipp was with the privity<br /> and knowledge of the said Mr Rowden<br /> adiudged by Decree of this Court and sould<br /> by Mr Salmon Smith Marshall thereof<br /> for the summe of 300 ''li'' lawfull money<br /> of England and noe more as hee beleeveth<br /> and noe more for which he hath given an accompt to the sayd<br /> Mr Rowden according to the order of the sayd Chappell<br /> and otherwise he doth not beleive the sayd pretensed positions or either of<br /> them to bee true in any parte./ To the 10th hee answereth and beleiveth that<br /> there was and is due to him this rendent upon the sayd accompt delivered<br /> as aforesayd to the sayd Mr Rowden the somme of thirty eight pounds<br /> sixe shillings and six pence, which the sayd Rowden did promise to pay<br /> unto this rendent but hee hath not yet paid the same accordingly<br /> and otherwise hee doth not beleive the sayd pretensed positions to bee true. [AT 90 DEGREES IN LH MARGIN]<br /> To the 11th 12th and 13th hee answereth that saving his former answers which he beleiveth to bee true and that he is a<br /> subiect of this Common wealth hee did not beleive the sayd pretensed positions or either of them to bee true in any parte.<br /> Anthony Everist [SIGNATURE, 90 DEGREEES, LH MARGIN]  +
HCA 13/124 f.114v Annotate +	The same day [CENTRE HEADING] Repeated before<br /> doctor Clerk one of<br /> the Judges et cetera The personall Answers of '''Thomas Norton'''<br /> made to the pretended Articles and po=<br /> sitions of a second Allegation and<br /> admitted against him on the behalfe<br /> of Thomas fflawes and others as<br /> followeth To the first pretended position this re=<br /> spondent answereth and beleeveth that the<br /> arlate William Clapham was one of the<br /> factors or Agents of this Rendent at the<br /> Canaries the time arlate and hee this<br /> Rendent did deliver certaine letters unto<br /> the said fflawes directed unto the arlate<br /> William Clapham Joseph Lambell Edward<br /> Prescot and others the factors or Corres=<br /> pondents of this Rendent att the Canaries<br /> wherein hee this Rendent had taken order<br /> about the ladeing home of the arlate shipp<br /> the ''Unity'' from the Canaries and this re=<br /> spondent beleeveth that hee gave order unto<br /> the said fflawes to deliver the said shipps<br /> outward ladeing att the Canaries unto the<br /> said Clapman And otherwise this rendent<br /> foeth not beleeve the said pretended position<br /> to bee true in any parte thereof To the second pretended position this respondent<br /> answereth and beleeveth that hee this Rendent<br /> was the sole proprietor of the outwrd ladeing<br /> arlate which hee bought with his owne proper<br /> monues and had not att that time nor ever<br /> before or since any effects of the said Clapham<br /> in his hands to the value of five shillings<br /> nevertheless this respondent beleeveth that  +
HCA 13/124 f.115r Annotate +	[add data] *************************** The 25th of July 1651 [CENTRE HEADING] Repeated before<br /> doctor Clerk one of<br /> the Judges et cetera The personall Answers of '''John'''<br /> '''Bewley''' made to the positions of<br /> a pretended Allegation given and<br /> admitted against him on the<br /> behalfe of William ffishman<br /> doe followe/  +
HCA 13/124 f.115v Annotate +	To the first position hee answereth and<br /> beleeveth that in the yeare and moneths<br /> arlate This respondent was owner of<br /> one fourth or quarter parte of the shippe<br /> the ''Adventure'' arlate whereof the said<br /> William ffishman was then Master and<br /> parteowner and that the said shippe<br /> might not lye unimployed there was<br /> Treaty betweene this Rendent and<br /> the said William ffishman of setteing<br /> of her to Sea and the voyadge arlate<br /> was att length agreed on and before<br /> it was consented and fully agreed<br /> unto what freight per moneth should<br /> bee paid for the service of the said shipp<br /> it was debated betweene them howe and<br /> where the same should bee paid and<br /> the said ffishman desired and mooted<br /> on hs parte that hee might receive<br /> parte of his freight att the Canaries and<br /> parte att Saint Lucar but this Rendent<br /> would not nor did consent to pay any<br /> money but n case of the said shipps<br /> safe returneinge to this porte of London<br /> And the said ffishman not prevaileing<br /> with this Rendent to consent to pay any<br /> freight but as aforesaid hee the said<br /> ffishman then further mooted that<br /> hee this Rendent would pay to the said<br /> ffishmans wife fifty pounes if shee<br /> should neede it in his absence and this<br /> Rendent tould him that the voyadge to<br /> the Canaries and to New foundland and to  +
HCA 13/124 f.116r Annotate +	Saint Lucar mould noe may advantage<br /> this Rendent unles shee returned in [?XX]<br /> thither, and that therefore hee would not<br /> consent to the payment of any money<br /> for freight but upon and after her returne<br /> but the said ffishman urgeing that his<br /> wife might have occasion for money in<br /> his absence this Rendent to supply her<br /> did consent thereunto soe it exceeded not fifty poundes And<br /> thereupon the Charter party arlate was<br /> agreed upon and the same that is exhi=<br /> bited was and is the originall charter<br /> party and was and is signed and sealed<br /> with the proper hand of this Rendent and<br /> hee referreth himselfe thereunto And<br /> hee beleeveth that in and by the said charter<br /> party hee this Rendent standeth lyeable<br /> to have paid the freight of the said shipp<br /> if shee had returned in safety to this<br /> porte and that such was the exprese<br /> consent and agreement of both parties<br /> the summe of 300 ''li'' within Two months<br /> after the Returne and discharge of the<br /> said shippe here in this port of London<br /> and the rest and resideue of the freight<br /> which after the rate of 110 ''li'' per month<br /> should growe due for he said voyadge<br /> within Two monethes then next fol=<br /> loweinge And otherwise for his parte<br /> hee doeth not beleeve the said position<br /> to bee true in any parte To the second position hee answereth and<br /> beleeveth the same to bee true saveing<br /> that hee doeth not beleeve that the said<br /> shippe entred into pay before the sixth  +
HCA 13/124 f.116v Annotate +	day of May arlate and saveing that hee<br /> beleeveth that the said ffishman in the<br /> outwards voyadge stayed in the Downes<br /> longer by 14 dayes then hee ought and<br /> needed to have donne./ To the third position hee answereth and<br /> beleeveth That the said ffishman att the<br /> Canaries received onboard his shipp for<br /> this Rendents Account 15 pipes of wine<br /> and noe more or other goods which said<br /> wine hee carryed to Newfoundland and<br /> there sould or trucked them away for<br /> fish And hee beleeveth that the said<br /> ffishman had order and direction from<br /> this Rendent to receive such fish nboard<br /> his said shippe as Senior David [Hicke]<br /> should lade or cause to bee laden by the<br /> 20th of August last and that the said<br /> ffishman notwithstaneing stayed there<br /> about 6 weekes longer then hee needed<br /> and departed not before the second of<br /> October then followeing by meanes<br /> whereof hee lost the market and indam=<br /> maged this Rendent thereby 1500 ''li'' as<br /> hee beleeveth And otherwise for his parte<br /> hee doeth not beleeve the said position<br /> to bee true in any parte Saveing hee<br /> beleeveth that ffishman delivered the<br /> fish to this Rendents factor<br /> att Saint Lucar and came form hence<br /> homewards on the 20th day of Novem=<br /> ber last or thereaboutes/ To the 4th and 5th positions hee answ<br /> reth and beleeveth that the factors or<br /> Agents for this Rendent at Saint Lucar<br /> laded aboard the said shipp ''Adventure''  +
HCA 13/124 f.117v Annotate +	was fully laden for her homewards<br /> voyadge on the 20th of November<br /> last and was discharged of the<br /> ladeing hee brought thither longe<br /> before And otherwise for his parte hee<br /> doeth not beleeve this position to<br /> bee true in any parte. To the 7th position hee answereth and<br /> referreth himselfe to the Acts and<br /> Registry of this Court And otherwise<br /> doeth not beleeve this position to bee<br /> true in any parte To the last hee answereth and beleeveth<br /> as hee hath formerly answered and<br /> beleeved and otherwise negatively J Newley [SIGNATURE, RH SIDE] ****************************** Repeated before<br /> doctor Clerk one of<br /> the Judges et cetera./ The personall answers of '''William'''<br /> '''ffishman''' made to the pretensed<br /> positions of a pretensed allegation<br /> given against him on the behalfe<br /> of John Bewly as followeth./ To the first he answereth that he accepteth<br /> of and beleeveth the same to be true. To the second third fourth fifth and sixth<br /> hee answereth and beleiveth that he this rendent<br /> could have had divers freights of severall<br /> men for the said shippe about and before the<br /> same tyme that hee was freighted by the<br /> said Bewly both to Newfoundland New England<br /> and severall other places and more particularly<br /> he could have had of and from Mr Robert<br /> Garland five pounds per moneth more then<br /> the said Mr Bewly was and is to give for the<br /> same but in regard the said Mr Bewly was<br /> and is  +
HCA 13/124 f.118r Annotate +	a part owner he would not consent<br /> that the said shippe should goe in the imployment<br /> of any other but him slefe and thereupon<br /> this rendent and the said Mr Bewly did<br /> contract covenant and agree in all things<br /> as in the Charterparty (exhibited and confessed<br /> by the said Bewly) is conteyned and<br /> otherwise hee doth not beleeve the said<br /> oretensed positions or either of them to bee true<br /> in any part./ To the 7th he answereth and beleiveth that<br /> he this rendent did (the said voyadge) safely<br /> deliver the goods of the said Bewly (beinge the<br /> shipps full ladeinge) at the Canaryes and<br /> besides his owne there were some goods of<br /> other men for which the factor of the said<br /> Bewly receaved neere forty pounds<br /> for freight an dthis respondent did after=<br /> =wards deliver the goods of the said Bewly<br /> safe in Newfoundland and after that<br /> went from Newfoundland to Saint Lucar<br /> and there safely delivered twenty sixe<br /> hundred kintalls of fish for the accompt<br /> of the said Bewly by all which this rendent<br /> beleiveth the said Bewly did make great<br /> benefit and when this Rendent was to<br /> returne from Saint Lucar Mr Westcombe<br /> the factor of the said Bewley to whom<br /> hee delivered the said fish tould this<br /> rendent that the said Mr Bewley had<br /> drawne away all the money hee had<br /> in his hands to the Canaries and there<br /> fore hee had noething to relade the said<br /> shippe with for England for the  +
HCA 13/124 f.118v Annotate +	Account of the said Bewley and in that<br /> regard hee the said Mr Westcombe did<br /> lade the said shippe home for the Ac=<br /> count of other merchants and did not<br /> consigne one pennyworth of goods to<br /> the said Mr Bewley as hee beleeveth<br /> but did take bills of ladeing from this<br /> Rendent for the delivery of the greatest<br /> part of the said goods being about Two<br /> hundred and eight pipes of wine and<br /> five hundred dozen of corke to one<br /> Mr [BLANK IN MANUSCRIPT] Westcombe resident<br /> here att London hee payein Two<br /> poundes seaven shillinges per Tonne for<br /> freight of the same and the rest to other<br /> men and hee the said Mr Westcombe<br /> did ensure all the said goods att Saint Lucar<br /> as hee hath heard and beleeveth and hee<br /> beleeveth that the said shippe and goods<br /> wer etaken in their homeward voyadhe<br /> and did never come in safety to this port<br /> of London And otherwise hee doeth not<br /> beleeve the said pretensed position to bee true<br /> in any parte thereof To the last hee answereth that hee refer<br /> reth himselfe to his former answers<br /> which hee beleeveth to bee true And other<br /> wise doeth not beleeve the same to bee<br /> true in any parte thereof<br /> William ffishman [SIGNATURE, RH SIDE]  +

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