Tools: HCA 24/110
HCA 24/110
Created page, 04/10/14 by CSG
Contents
Item: 235: Case: Hickman against Jackett
As a prequel to this case see HCA 13/124 no fol. Personal Answer of Captain William Jackett. dated December 3rd 1650
Case: Hickman against Jackett
Budd Smith Suckley
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The session of Easter [?tarme] 30th
of Aprill 1651. [CENTRE HEADING]
hickman against Jackett Upon which day appeared personally the said William Jackett
[?XX] without the veneration of his proctor did to all intents
and purposes in lawe in all better wayes and formes
alledge and propound
articulately as followeth./
1) Imprimis That for all the voyadge in question where humphrey
hickman was with Captaine William Jackett in the Mayflower
in the yeares 1647 and 1648 the said humphrey hickman was
a very debauched mutinous swearing cursing and desperately
contentious and quarrelsome person often fighting and quarrelling
with (sic) and most desperately and blasphemously cursing and
[?beareing] reviling and abuseing severall of the said shipps
company calling them rogues and dogges and wishing the divell might
or would damne and confound their soules and bodyes or useing
other and the like most fearfull and unheard of exorcations and
curses to the great offence and disturbance of the
rest of the company of the said shippe [?and] for and as a constant and
frequent blashemer, curser, mutinous con[?tentious] and desperately
quarrelsome person hee was for and dureing all the voyadge afore
said generally observed and taken notice to bee and soe accompted and
reputed/ and this
is true [?XX] And hee alledgeth and propoundes the premisses ioyntly and
severally and of [?any] particular./
2) Item That amongst divers other out [?rogXXs]s and misdemeanors acted
and comitted by him the said hickman in and dureinge the said voyadge
hee the said hickman did most deperately runne att one Robert
Slaide the Caulker of the said shippe with his naked knife and did stabbe
him thorough into the arme in a most dangerous manner
whereby hee was hindered of performing his labours
in ther said shippe for about 2 monethes, but if it had not pleased
God to prevent the malicious and wicked intention of the said hickman
by the [?interposition] of the arme of the said Slaide
in all probability the knife had either runne in to the breast or body of the
said Slaide, and hee had in all likelihood beene absolutely slaine
and murdered thoroughly by the said
hickman
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hickman and soe was generally observed and taken notice
of by the rest of the said shippes company
and this is true et cetera And hee alleadgeth and propoundeth [?XXXX]
3) Item That [?XXX] as the stabbing of the said [BLANK IN THE MANUSCRIPT] Slaid
the Caulker hee the said hickman did dureing the said voyadge strike one of the
negroes in the shippe with soe much cruelty violence and [?inhumanity] that
hee immediatly dyed of the said blowes which were given him by the said
hickman, and hee did wound and hurt severall others of the said negroes
and did alsoe fight quarrell and brawle with all or most of the
shippes company att severall tymes in and dureing the said voyadge
and did raise and make many quarrells differenced dist[?XX]
=tions outrages tumults and mutinyes in the said shippe and soe much
was generally taken notice of by the said shippes companyes and
other credible persons and this is true et cetera And hee propoundeth the premisses
ioyntly severally and of any particular./
4) Item That att the setting forth of the said shippes the Mayflower
the Peter and the [Beniamine] and upon the voyadge in question
there were orders and rules
for the better regulating and [?governing] of the company of the said
shippes the said voyadge publiquely sett up in the steerage of
the said shippe the Mayflower with such severall penaltyes as
should and were to bee inflicted upon the offenders in the breach an violation of the
said orders and Rules [?and] the said orders were soe fastened
and sett up in the sterage att the first beginninge of the
said voyadge and did soe remayne all the tyme till the taking [?of GUTTER]
the said shippe where they might bee and were publiquely red (sic) and taken notice of
and they were generally and unanimously consented unto by [?XXX GUTTER]
the companye of the said severall shippes, whoe did oblidge
and bind themselves to the due and strict observance of the
said orders and rules under the respective penaltyes therein
specified/ and the schedule hereunto annexed was and is a
true coppy of the said orders, and penaltyes upon the breach thereof [?XXX] [?att ?best]
contayner the whole effect and substance thereof whichschedule
he doth desire to bee here inserted and read and hee alledgeth
and propoundeth as aforesaid/
5) Item That soon after the said hickman had soe wounded the
said Roberte Slaide the Caulker by desperately runneing at
him with his knife in manner as aforesaid the rest of company of the
said shippe or divers of them and especially the said [?Short] made
their complaynt to the said Captayne Jackett of the great
misdemeanour committed by the said hickman and the many
other
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other outrages before by him committed and desired iustice of him
against the said hickman according to the nature of his offence
and urged the dangerous consequences that might ensue of hee
should not bee duely punished, and thereupon the said Jackett for the
prevention of further mischeife did
cause him the said hickman to bee put into or secured in the forecastle till
the morninge (the said [?fact] being committed in the night or
evening) and then in the morninge next followeing the said Jackett
did call together all or most of the company of the said shipp
or shippes and the busines concerninge the stabbing of the said Caulker by the said hickman was deliberately examined and it did
there clearly appeare that hee the said hickman wilfully ranne
att the said Caulker with his knife and had undoubtedly slayne
him, if hee had not borne of the said blowe with his arme,
which was soe evident that it could not bee denyed by the said
Jackett and then the said Orders and penaltyes were respectively
read and amongest others in the fifyth order was
contayned and provided That hee that should drawe a knife in the
shippe to seeke to doe mischeife to any man should have his
hand nailed to the mast with his owne knife, and there to stand
till hee toare it out, upon reasing of which the company of
the said shippe and moore especially the said Slaide cryed out for
iustice against the said hickman according as was expressed [?in ?the]
said order complayninge that none of them
could other wise remayne in any hopes of security and it might
next happen to the said Jackett himselfe and this is true and
hee alleadgeth as aforesaid./
6) Item That upon the grounds and readons and for the causes [?XXXX]
[?XXXXX] and outrages aforesaid and for the prevention of the like [?XXX] the future the very same penne knife with
which the said hickman ranne att and stabbed the said
Slaide was taken and (by the advice of the Chirurgeon of the said
shippe) was struck thorough the skinne beteene the two
middle fingers of the hand of the said hickman to the mayne
mast the same being a place where it could doe little or
noe hurt and the said knife was soone after videlicet within halfe a
quarter of an houre att the furthest pulled out againe by the
[?command] of him the said Jackett and the same did not goe through the
sinewes veines or [?XXXXX] of the said hickman or soe hurt or
preiudice his said [MISSING INSERTION IN THE MANUSCRIPT] but that the same presently after made presently
well as the other and [?doe] soe remayne and [?continue] and this is true
and he alleadgeth as aforesaid./
7) Item That the said Orders penaltyes enioyned for the
misdemeanours in the said schedule [?XXXXX] and especially
that [?contayned] in the 5th [?head] or order concerninge the draweing
of a knife was and is a usuall and frequent punishment att sea for
such as doe drawe their knives against others in foraigne parts
and is ordinarily inflicted and allowed by the customes of the seas
and hee alledgeth as aforesaid/
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[DETAIL: IMG_1986]
[?XXXX
?the allegation]
Anno: Domini[?s] 1647
ffor as much as theire is noe Common Wealth but that
there are some Sole Persons, and bad Lives, who are
a disturbance, both to the magistrate and others, soe
likewise there is scearce anie shipps goeth to Sea
but that there is manie Sole Persons in them that
would neither feare god, nor man, unlesse they were
restrained from there Profaine courses, Therefore
I shall desire, and intreat everie man at present, whoe
is under my Command in this shippe May=fflower
or Minasses, will read these orders underneath written
and observe them dureing the tearme of our intended
voyadge: assureing your selves that whosoever shall breake
anie one of them, shall certainelie suffer according
to the Contents following/
[IMG_1988 & IMG_1989]]
(1) IMPRIMUS That whoseoever shall sleepe in his watch in his Cabbin, his hand shalbe seised up to the
maine Halliards as farr as he can reach, and a Quarter Cann of watter Powred downe his
Arme, and if he sleepe on the decke in his watch, that then there bee a Buckett of
watter throwne on him as he lyeth/
(2) That whoseoever shall Presume to stricke one of the other, and fall togeather by the Eares one with
the other, unlesse it be the Master or Boateswaine and in there absence there Mates, and not
they neither, unlesse it be for neglect of the shipps buisinesse, or for the keepeing of good
order, anie but theise shall [?SXXXX] without watter one Glasse/
(3) That he that shalbee found in his Cabbin, or other place asleepe, after the Bell hath wrunge and
the Boatswaine called up to Prayer shall have Six mens [?Capties]/
(4) That he that shalbe heard to Sweare or Blaspheeme the name of God for everie tine soe
doeing, shall have three Blowes with a smale Roapes End such is a halfe
thereaboutes, soe hard as it Can be laide on, and to be [?XXide] by him that heard him, and who=
soever shall accuse on the other falselie shall receive the same punnishment/
(5) That he that shall drawe a knife in the shippe for to seeke to doe mischeife to anie
man, shall have his hand nailed to the mast with his owne knife, and there to stand till he
teare it out/
(6) That whoseoever shall seeke to make anie Mutinie in the shippe, upon pretense of Iniurie
done him, and doth not present his Complaine to mee touching his [?bra?XXX] shall Instantlie
if hee be neare land be turned ashoare, or otherwise be keale=halled/
(7) That whosoever shall lift up his hand, either against the Master, or Boteswaine when they
stricke them for there defects, shalbe ducked three times from the Maineyard, but if they
Complaine to mee, I will doe them Right as neare as I Can/
(8) That whosoever shall steale the one from the other, it being Justlie [?proved] against him
the Partie that hath stoalen the goods shalbee brought to the Capstaine and there be whip=
ed on the bare Backe untill all the skin be offe, then his Backe to be Salted, and soe [?rowld]
ashoare in the woods or else=where/
(9) That whosoever shalbee druncke in the shippe, for the first time shall pay ffive shillings for the
second ten, and for the third twentie to the monister and soe accordinglie for everie time he shalbee
druncke afterwards, but if anie man in his druncken humor shalbe abussive, that one the morrow
following, he shall receive such punishment as the Commander shall thinke fitt according to the ffact/
(10) That he that shall lye out of the shippe without leave, Inlesse (sic) upon the ships businesse, for everie
night shall pay ten shillings if hee bee a foremastman, and an officer twentie shillings to the Minister./
(11) That when wee shall have taken in our negros, noe man stricke them, nor abuze them, but onely those
that shalbee appointed for that purpose; ffor if anie negro die, he shall justlie pay soe much as the
others shalbee sould for/
(12) That whosoever shall take tobacco betweene decks shall have ten mens [?Coptie] for a [?bearing] to
him and all others, but for the second offence Committed by the same Partie or anie other
[?XX] offences shalbee brought to the Capstaine and one hundred weight of shott aboute his
[?neck] for the space of halfe an houre
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[BACK SIDE OF PREVIOUS RECTO LEAF]
[IMAGE_1993]
13. That Every morning the first thing that is done the shippe by made cleane, both [?XXXX GUTTER]
and washed if it be att sea by them that shall have the morning watch, and likewise [?XXXX GUTTER]
evening by the other watch, but when wee are in harbor by whome the Boatswaine and [?XXXX GUTTER]
shall thinke fitt to appointe
The orders above mentioned which I appointe to be strict
lie observed, and kept, by all who are now under my com=
mand for the whole tearme of this our now Intended
voyage, not desireing to execute anie one of them, but
rather hope that this wilbe a meanes to Perswade them
not to deserve the least, or anie one of them whereto I
submit my name aboard the May=flower, the 5th day
off July: 1647
Item: 245: Allegation of Elias Jordaine & Company
Folder 114_03: Images: IMG_6907, IMG_6908, IMG_6909...
114_03 Image: IMG_6908
Elias Jordaine and henry West and Abraham}
[?Manco] and Company owners of the shipp the}
William and Ralph of London against Richard}
Batson Thomas Jancy Valentine Austin and}
John Lockier merchants Smith Suckley}
Which day Smith
as proctor for the
said Elias Jordaine
henry West and
Abraham [?Manco] and
Company to all intents and
purposes of lawe and fact
did alleadge and propound as
followeth/
1. Imprimis That in the monthes of March Aprill May
June July August September, October November,
december, January and March 1649: all some or one
of the said monethes the said Elias Jordaine henrye
West Abraham Manco and Company were owners and
proprietors of a shippe called the William and Ralph
and of her Tackle, ffurniture and apparrell, and soe
commonly Accounted reputed and taken And hee doeth
alleadge and propound the same ioyntly and severally
and every parte thereof./
2. That in the yeare and monethes aforesaid all some
or one of them the said Richard Batson Thomas
Jancy, Valentine Austin and John Lockier did hire
and take to ffraight the said shipp the William and
Raflfe pf and from the said Elias Jordaine, henry
West Abraham [?Manco], and Company owners of the
said shipp for a certaine voyage or voyages from
this porte of London to the porte of Virginia, and
soe back [?XXX] to this porte of London for and
dureinge the Terme and space of eight moneths
to bee accompted from the 20th day of August
1649 or from the say of the sayd shipps departure
from Gravesend outward bound att the rate of
sixty seaven pounds per moneth and soe after
the same rate for any longer time not exceeding
foure monethes more accordinge to the schedule
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of Charterpartie hereunto annexed and that the said
schedule or Charterpartie was and is the [?XXXX]
and originall Charterpartie for the said voyage and
was signed and sealed with the proper hands, and
seale of the said Batson, Jancie, Austin and
Lockier, and by them delivered for and as theire act
and deede to and for the use of the said Jordaine, West
[?Manco] and Company And hee doeth Alleadge and
propound as above./
3: Item That in and by the said Charterpartye for the said
voyage the said Richard Batson Thomas Jancye
Valentine Austine, and John Lockier doe [?Xdition],
Covenant, and agreee to and with the said Jordaine,
West and Manco that they the said Batson, Jancy
Austin, and Lockier dueringe the said voyage would
well and sufficiently man the said said shipp with thirtie
twoe men and alsoe sufficiently victuall the said shipp
with Competent victualls to serve and feede the
said men, and alsoe to pay the said men their wages
dueringe the said voyage And hee doeth alleadge
and porpound as above./
4: Item That the said Richard Batson, Thomas Jancy
Valentin Austin and John Lockier in and by the
Charterparty aforesaid doe Covenant promise and
agree to and with the said Elias Jordaine henrye
West and Abraham Manco and Companye that they or
their assignes shall and will cause the said shipp
the William and Ralph and her Ordnance Tackle
ffurniture and apparrell to bee safely returned into the
river of Thames from the said voyage and there
discharged from and out of the said intended
imployment at or before the expiration of [?Twenty]
monethes to bee accounted from the daye of her
entrance into her monethele paye as aforesaid
or to that effect And hee doeth alleadge and
propound as above./
5. Item That in and by the said Charterpartye the said
Richard Batson, Thomas Jancye, Valentine
114_03 Image: IMG_6910
Austin, and John Lockier did hier and take
the said shipp the William and Ralph to freight
of and from the said Elias Jordaine henry
West and Abraham Manco and Company for a
voyage from this porte of London to Virginia
and soe backe againe to this porte of London
and to any portes or places as by the said Char=
terpartye more plainely doeth and may appeare
And hee doeth alleadge and propound as above
[UNCLEAR MARGINALIA]
6: Item That upon or about the twenty sixt daye of
August 1649: the said shipp the William and
Ralph did departe and sett saile out of the river
of Thames from Gravesend upon the said
voyage and imployment towards Virginia in Com=
=panye with twoe or three other English shipps
then bound for that place, and that att such time
of her departure the said shipp was stronge and
stanch, and well and sufficiently tacled apparrelled
and furnished with masts, sayles, sayle yards,
Anchors Cables Cords roapes, boate, oares,
twenty peeces of Ordinance, foureteene barrells
of gunpowder shott, Tackle, apparrell and ffurniture,
meete and needfull for the said shiipp and voyage
And hee doeth alleadge and propound as above:/
7: Item That att such time as the said shippe the
William and Ralph the voyage aforesaid did
departe and sett sayle from Gravesend upon
the sfore said voyage or imployment, the said shipp
was not sufficiently victualled for the said
voyage to Virginia but the master and Company
of her for want of provision of victualls
were inforced and Constrained to leave the Com=
=pany of the other shipps soe bound for
Virginia as aforesaid and to carrye theire
said shipp the William and Ralph to the
Westerne Islands and there to newe
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victuall her againe by meanes whereof shee
lost the Company of the twoe other shipps
which gott safe to Virginia whither they were
bound And hee doeth alleadge and propound as
above./
8. Item That in Case the said shippe the William
and Ralph had bine sufficiently furnished with provision of victualls as shee ought to have
bine the master and Companye of her needed not
to have gonne with her to the Westerne Ilands
butt might have kept on theire Course directly
to Virginia where shee might have safely
arrived with the foresaid other twoe shipps the
Sarah whereof Edward [?Gonvill] was master and the William and
[?John] John [?Larance] master as aforesaid And hee doth
alleadge and propound as above/
9: Item That the Westerne Ilands are out of the
way to Virginia and noe shippes which goe from
this port of London to Virginia the neerest
waye doe goe by the Westerne Ilands And
hee doeth alleadge and propound as above./
10: Item That after such time as the master and
Company of the said shipp the William and
Ralfe had bine att the Westerne Ilands and there
taken in theire provisions of victualls and water
they did departe and sett sayle theire with for
Virginia but in theire Course thither by the
negligence or unskilfulnes of the master and
Company of her and her longe losse of [?them GUTTER]
by reason of her goinge to and staye att the
Westerne Ilands as aforesaid the winter being
then com: the shipp was brought to a place [?called GUTTER]
Cape Atras or the Cape of the Gulfe of ff[?XX GUTTER]
to the southward of Virginia where noe shipps
bound to Virginia doe ever come neere that
place and thereby the negligencve, or [?unskilfulnes GUTTER]
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aforesaid runn amongst the rocks and shoales
and by that meanes and occation did receave
much hurte and dammage which meerelye came by
the nott sufficiently victuallinge of her at her
first departure out of the river of Thames and
the negligence and unskilfulnes of the master
and marriners as aforesaid And hee doeth al=
=leadge and propound as above/
11 Item That after such time as the master and
Companye of the shippe the William and
Ralph had soe brought her amongest the
Rocks as aforesaid the said master and Company
gott her againe from amongest the rocks and
carried her to Virginia and there tooke awaye a greate parte
of her Tackle ffurniture and apparrell and sould
and disposed of the same att theire pleasures
and afterwards went awaye and left the said
shipp att Virginia and never used there endeavour
to have brought her awaye which if they had
used theire endeavour they might have brought
away the said shipp the William and Ralfe
And hee doeth alleadge and propound as above./
12: Item the said Batson, Jancy, Austin and
Lockier did gett on shoare att or neere Virginia
out of the said shipp the William and Ralfe all
theire outwards ladeings and passengers sent
in her from this porte of London as aforesaid
for the fraight [?or] transportation whereof
the saidBatson, Jancy, Austin and Lockier
some or one of them or some other by theire
order direction or appointment had and
receaved, or were to have and receave,
or the samme was worth the summe of 2000
or att least 1500 li lawfull money of England
And soe much they or one of them have
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XXXX
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XXXX
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XXXX
NOTES
Abraham Manco
Possibly a merchant taylor of Southwark
Item: 109: Hugh Locker and others of the ship the Virginia Merchant
114_03 Image: IMG_6951
hugo Locker (sic) et alij nat[?o] navis the Virginia Merchant. in schedula [?prXXX]}
annx [?nemXXXX] con John Lockier nav[?XXum]}
[?dXX] navis in [?XXX] sub[?XXX] [?XXXX] Suckly [?XXX]}
[?Quo] dei Suckly [?nXXX]
[?procuXXXX] [?dXXXX] hugonis Locker
et XXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXX
Imprimis That in the yeare 1649 and monethes therein [?respectively]
concurring all or some of them the said John Lockier was
Master Captaine or governour of the shippe called the Virginia
Merchant and did take upon him the care conduct and [?direction] thereof
and within the time aforesaid and more especially about the monethes of
August and September in the said yeare 1649 the said John Lockier
did hire the severall persons in the schedule hereunto annexed
