Difference between revisions of "MRP: HCA13/69"

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The Clayme of Mannuel Leis Carnero
 
The Clayme of Mannuel Leis Carnero
for his goods in the shipps the ?''Tagus''
+
for his goods in the shipps the ?''Tagus
 
Kings'' and ''John de Grace''
 
Kings'' and ''John de Grace''
  

Revision as of 13:55, April 1, 2012

HCA13/69

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01/04/12, CSG: Created page






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Index of cases


P1090806
Unfoliated (artificial f. 1r.)

The Lord Protector of the commonwealth
of England Scotland and Ireland
and the dominions thereto belonging
against the shipp S:t ffrancis
Joachim Starbus XXX.

Rowe d:t

The 7:th of Aprill 1654

JOACHIM STARBUS of Hambourgh
Mariner, master of the said shipp
aged 49 yeares of thereabouts XXXX
in XXXXX, saith and deposeth as
followeth, viz:t

To the first abd second Interroies hee saith and deposeth that the said
shipp the S:t ffrancis belongeth to the port of Hamburgh, and that
her owners were and are only two oersons who hee saith were and are are hamburghersm Merchantsm Inhabitants
& Burghers of that citie and subiects of the free state of Hamburgh
and were and are all natives of Hamburgh and have dwelt there all
theire time, and for their names hee saith they were and are Detleff
fflaXhoff and ?Henre Samall, and that noe other persons or person
XX farr as hee knoweth or beleeveth had or hath any peice or share
therein, but whether they the said two owners have parte distinct or
are ioynt owners without distinction of parte hee knoweth not, and saith
the said owners bought the said shipp (as this deponent hath bin
informed) at Dunquirke about two yeares since, but this deponent
was not present nor knoweth ought of the payment therefore;
but knoweth their said owner shipp; being constituted nor by them
and XX them fitt and furnish the said shipp out in theire ?costs and
chardges. And otherwise cannot depose, saving the said vessell
by the XXXX soe XXX to him to be English built, and as hee hath
heard was built at Yarmouth

To the thirde hee saith that for theise seaven monethes last,
namely from a month before Michaelmas last or there hee
this deponent hath bin master of the said shipp the S:t ffrancis and
come first aboard her then at Hamburgh as master thereof, and that
a dunquirke as this deponent was told XX bin master of her next before this deponent, who having bin plundred
in the Elbe; had lost the said shipp at Hamburgh 3 or 4 monethes befoer
this deponent became master of her. And otherwise saving this
foregoing depon hee cannot depose.

To the fourth and saith the said shipp did never before as hee
knoweth and he XXX beleveth ?belong to Amsterdam or other port
without the Dominion of the States of the United Netherlands, and
XXX that XXX beXXX are outwards voiage from Hamborough
about a fortnights before Michaelmas last, at w:ch time XXX
came there in a fleete of other shipps under English XXXX XXXX
for this port abd laden with XXXX and came and arrived here and delivered her said
outward lading to and to the XXX of M:r Alderman ffrederick and companie, upon
whose accompt there was freighted at Hamburgh by M:r John `Barcke
an Englishman their factor theire. And after such deliverie, XXX
was freighted and againe laden there with lead and sugar by M:r Richard
fford merchant of this citie and companie for HaXXXX ?Grace, XXXX
this deponent XXX with the said shipp and delivered the said lead and
sugar



P1090807
Unfoliated (artificial f. 1v.)

Transcription

sugar for their accompt according to consignement to his factor there,
and saith that the said affraightment of the said M:r fford this deponent
having delivered the said XXXX and sugars at XXXX da XXXXX
bring a cargo of goods to this port for accompt of him or of him
and companie, w:ch this deponent accordingly did, and at S:t Maloe
received the said shipps lading in bales of linnen for the said accompt
referring himselfe to this Roll or manifest of this his lading
XXized by Captaine XXXX and to the bills of lading XXXX by him
for the particlaritie of cargo of goods; and that the said cargo was aboard
XX the time of the said seizure by Captaine XXXX, and noe silver,
Jewells, armes or ammunition were in the said shipp; and
saith that the said cargo of linnens were laden by mons:r Le Mot
Arman, and consigned to this port to the said M:r fford, XXX
otherwise hee cannot depose, showuîng as aforesaid and what followeth

To the XXth hee saith hee signed only true (OR, three) bills of lading for
the said cardo of linnens, w:ch were all of one tenor, and were
and are all true and reall, and that the goods were really consigned
to the port menconned in the said bills, namely this port of London,
and were and are truely and really (ashee verily beleeveth) belonging to the person
or persons to whom they are consigned or for XXXX accompt they are
in the said bills mentioned to be laden, namely to the said M:r fford or to
him and companie, and the said Monsi:r Le Mot Arman alsoe told
and acquainted this deponent that the said goods were for the said acco:t
And otherwise hee cannot depose, XXXX as aforesaid

Tp the XXXX hee saith his company as XXXX of the said seizure
XXXX of 6 man and a boy, two of the XXX and the said boy
all which are Hamborgers, two Fdanes, one ffrenchman, the steersman
a MiddleXXXX, but XXX this deponent here at London, and this
is one of the said Hamburgers, having lived there and bin a ?burger there
26 yeares and bin a married man and XXXXX there XXXX,
XXXX borne in Pomerland, and otherwise negatively.

To the 8:th XXX XXX hee was borne under the dominion of the
Duke of Pomerland, but nevertheless XXX XXXX is under the XXXX
and XXXX the rest XXXX hath notified the the XXXX before

To the 9:th negatively.

To the 10:th hee saith hee XXX signed a bill of lading for the said
good for Amsterdam, w:ch was donne nearly for a colour and to
XXXX the said goods from seizure by the Hollanders in XXX hee
could be XXX by them, and for the XXX XXX sea XX hee
XXXX the bills predeposed XXXX for
London, alonge in the said shippe, XXX XXXX and
colourable bill for Amsterdam, w:ch came to the hands of the
sd XXXX, and lest the said true bill XXXX Maloes with
their said factor

To the 11:th negatively

To the 12:th hee saith hee was to receive the the freight for the said
goods of the said M:r fford XXX XXX delivered, XXXX the said
XXXX



P1090808
Unfoliated

XXXX

On the behalfe of John Cole of London
Merchant touching the double
shallop the ffrancis Late of deep
but nowe of London

The 10:th of Aprill 1654

JOHN COLE of London Merchant
aged thirtie two yeares of thereabouts
sworne before the right wor:ll
William Clarke and John Godolphin
doctors of lawes Judges of the cort of the
Admiraltie of England, saith and deposeth
That the double shallup or frigat named the ffrancis late of
Deepe and nowe of this port of London of the burthen of thirteene
tonnes or thereabouts where of David Barre was and is master
was really and bona fide bought by John Samborne merchant
(having procucacon from this deponent to that purpose) of the
master David Barre at Caen in Normandie on or about the
thirtieth day of March last past (newe stile) for the price and
summe of twelve hundred and twenty livred Tournois upon and for
the sole and proper accompt of hee this deponent
really and truely paid for the same with his effects
remayning in the said Sambornes hands
unto the said John Samborne upon accompt: and with the
truth and ?reallitie of the said buying of the said shipp may and doth
appeare in an Instrument or act Notarial thereupon made and ?passed
at XXXX the said tjirtieth of may 1654. before XXXX Le ?Suour
and John Crestien Tabellious Royall there residing, w:ch
Instrument hee noe produceth and ?sheweth and with that the
contentes thereof were and are true w:ch hee knoweth for the XXXX XXX. And further that hee this deponent
was and is an Englishman and nowe XXX XXX Resident in this citie of London
and that hee this vessell is were an french vessell and belonging
to this his XXXX, and that hee thsi deponent the XXXX owner
thereof and of her tackle and furniture

JOHN COLE [His signature]



P1090809

Against the S:t ffrancis aforesaid

Rowe d:t

The 10:th of Aprill 1653 (sic)

2. ABRAHAM PETERSON of fflushing Mariner
Stiersman of the said shipp
the S:t ffrancis, aged 26 yeares or thereabouts
sworne as aforesaid saith as followeth.

To the first and second Interries hee cannot depose, saying hee doth
not knowe the owners of the said shipp, nor where they live, nor
where shee was built.

To the third hee saith that the name of the master of the said shipp
is Johnis Starbus, and otherwise hee cannot depose;
hee this deponent never knew the said shipp before hee comming to
London, where this deponent was shipt in her about November
last being hired by the said skipper for ffrance and XXback for London

To the fowrth and fifth hee saith the said shipp came last before her seizure
from S:t Maloe bound for this port, w:ch hee jnoweth being then
Stiersman of her. and saith that from hence XXX went frewighted
by M:r fford, a marchant of this citie for XXXer le ?Gurare, laden
with lead and sugar, and XXX XXXX, whch XXXX
delivered upon and for accompt of the said M:r fford (or of him and
XXXXXX) to one M:r Britton his factor there, and that the said
shipp XXXX upon the said affreightmanbt and XXXX from Dover da ?B:areane to S:t Maloe, in ballast and there received a cargo of linnen and XXXXcloth and
old ?chintz and XXXXX and other linnen commodities to be brought
to this port and ?there to be delivered for accompt aforesaid
of the said M:r fford or of him and companie, XXXX hee was informed both
by the said skipper and alsoe by the said M:r fford before the said
seizure preceeading from hence that the said shipp was to fetch the
said ?serge from S:t Maloe for the ssaid accompt. And saith the
said cargo of linnen wares was laden at S:t Maloe by one mons:r
le ?niot ?Harman, and XXX XXXX to the said M:r fford or to him and
company, serving him use to the bills of lading, and wich hee
heard thX said M:r le mot say that for said XXX were for the said accompt
XXX hee said at the time of the XXXX the bills of lading for
the XXXX by the skipper, whereon this deponent was prsent, and
further he cannot depose.

To the 6_th are saith the said master XXXXX thX bills of lading for
the goods aboard, all of and XXX, and all for this part for XXXX to be delivered



P1090810

Artificail f. 3r.

XXXX


The Lord Protector x:r against the
XXX XXXX for XXX

RoXXXX:t

The 11:th of Aprill 1654.

J. JOLIAS HARRISON of ?Dunwick in Suffolk
apprentice to Samuel ?Driver of the
XXXX, aged 12 yeares or thereabouts
sworne and examined.

To the first and second Interrogatories hee saith that the fishing boate
or barque aclate the SuXXX coming about five dayes since
fromwalserXXXX for this port of London laden with butter and
XXXX to be there delivered was neere the Spistes met with a
and taken by a duty shallop a man of warre subiect to the
States



P1090811

XXXXXXXXXXXXXXXXXXXXXXXXX


On the behalfe of Hugh Riley and)
comp: touching the ffortune

XXXXX

The 11:th of May 1654

ALEXANDER COVELL of Portsmouth Barber, aged 25 yeares
or thereabouts sworne in Court the say above XXX before the
right hono_ll William Clarke and John Godolphon doctors of
lawes Judges of the high court of the Admiralty saith and
deposeth by reason of his oath

Tha the shipp the ffortune of CaXXXX was mett with and seized at
sea to the Northward about XXXXX last by
Captaine John Dudley commander of the Mary, w:ch hee knoweth
being one of his companie and present and XXXX the XXXX seizureof ffortune, w:ch was laden with malt and barley, and XXXX by the
XXXX XXXXX and company brought XX into the river of XXXX

The marke of Alexander Coverll [His mark]


The Clayme of Mannuel Leis Carnero
for his goods in the shipps the ?Tagus
Kings and John de Grace

XXXX

The eighteeneth day of May. 1654
Examined upon y:e sayd allcn.

JUAN THOMAS MILATI of Cadiz in Spayn
merchant aged 23 yeares or thereabouts a
witness sworne and examined deposeth and saith
as followeth viz:t

To y:e first and secon arles of y:e said allon and two schedules XXX
menconed and here to annexed This deponent saith That coming
in August 1653 last past as a passenger from Cadiz in Spaine to S:T
Malloe ffrance in a certaine shipp named y:e S:t VincentXXX
well



P1090812
Unfoliated
X r.

well remembreth that some dayes before the says shipps depture
from Cadiz he saw one Raphael d Luna who was the servant of the
acclate Manual Lowij Carnero carry on board y:e sayd shipp a good pcell
of Indian hides, which hee sayd were his masters, and he consigned
the same to William Claviel att S:t Mallo who does busines as a facto:r for y:e sayd Carnero: And these hides of this deponents knowledge
who went a passenger in y:e S:t Vincent came safe to y:e sayd
Claviels hands, and XX as this deponent is well assured did here
XXX y:e same and convert the proceead thereof in to Linnen Cloath
for accompt of y:e sayd Carnero: for hee saith that in the moneth
of September 1653 last past hee saw the sayd Claviel goe
on board y:e aclate shipp y:e Three Kings then lyeing att S:t mallo
where y:e said John de Grace did then likewise remaine and saw him
?carry with him three bales of linnen marked as farr as
this deponent can now remember with an R. or some such like
marke, which three bales the sayd Claviel told this deponent then
standing upon y:e Strand and having goods to lade on board y:e
same shipp for cadiz that he did lade for accompt of the
say:d Manuel Levij do Carndro by way of returne of his hides and did
consogne them to y:e saiyd XXXX de Luna whom this deponent well knew to be the servant of y:e sayd Carnero, for which reasons
this deponent is as he saith well assured that y:e sayd Carnero att
the tyme of lading y:e sayd bales was and att p:rsent is the true
and lawfull owner of the same

XXXX



P1090813
Unfoliated
X v.

XXXX



P1090814
Unfoliated
X r.

The 29 day of May 1654

The clayme of Daniell Skinner the Elder)
Daniell Skinner the Younger & Thomas Skinner)
English Marchants of Dover for the shipp)
the Younge Gyant of Dover (Robert Hopkins M:r)
& her tackle & furniture & for her ladeing of)
the sayde shipp being XXXX Taken by)
some of the shipps of the State & Commonwealth )
of England XXXX ffrancklin)

S:p

Examined on an allegaccon on the behalfe
of the sayd Daniell Skinner the Elder
Daniell Skinner the younger and Thomas
Skinner

1. JOHN ASHURST the younger of the pish of
S:t Andrew Undershafte London Marchant
aged 25 yeares of thereabouts a witness
sworne & examined saith and deposeth
as followeth viz:t

To the seaventh article of the sayd allegaccon hee saith and deposeth
That hee this deponent hath receaved letters of advice from one
William Wildegoose a factor or Agent for the producente in ffrance bearing date the sixth day of this instant month
of May (new style) wherein he did advise this deponent that hee had drawne
upon Albertis Skinner of London Merchant for Accompte of the producente
Daniell Skinner the Elder Daniell Skinner the younger & Thomas Skinner
the summe of six thousand five hundred Livres Turnois and was XXX
the summe of sixe thousand five hundred Livre Turnois more for the
accompt of the sayd producents upon them selves or such persons
as they should appointe,
and hee this deponent verily beleeveth that the says 13 thousand
Livre was for and towards satisfaction and payment for the 221
tonnes of wynneaclate and that the sayd producents are to pay and
satisfie the same And further hee cannot depose

Upon the rest of the articles hee is not examined by discreccon of
the producents

To the Interries

To the first Interrie hee saith hee this deponent was borne in the
pish



P1090815
Unfoliated
Xv.

pish of S:t Margaret Newfish streete London & hath lived ?these 4 yeares
last or thereabouts in the pish of A:t Andrew Undershafte aforesayd and before
for the most parte in ffrance during the tyme Interrogate & to the rest of
the Unterr hee answereth negatively

To the second Interrogatorie hee saith hee hath not deposed ought touching
the contents of the matters in this Interr conteyned nor knoweth ought of the
Contents thereof

To the 3:d hee cannot depose

To the 4:th hee cannot depose

To the 5:th hee answereth that hee knoweth not the Intera ffrncio Claoson nor
what countryman hee is by birth nor where hee hath lived during the tyme
Interr.

To the 6:th Interr hee saith that savong his foregoeing deposiccons to the
allegaccon whereto hee referreth hee cannot depose.

To the 7:th Interr hee cannot answere not being in ffrance at the tyme
Interr nor knowing ought of the things in this Interr menccondd

To the 8:th 9:th & 10:th Interrieshee knoweth nothing of the contents of them

To the 11:th Interr hee saith it conceneth him not to answere thereto hee having
not deposed to the contents of the article Interrogate

To the 12:th hee saith that hee knoweth not nor beleeveth that the shipp and
Wynes Interr or any part thereof doe belonge to any ducthman or
dutchmen subiects of the States Interr or ffrench man or ffrench men
suniects of the ffrench King , but on the contrary hath heard & verily beleeveth
that the sayd shipp & wynes doe belonge to the Interr Daniell Skinner the
elder Daniell Skinner the Younger & Thomas Skinner And further hee
cannot depose

To the thirteenth Interr hee saith hee doth not knowe nor hath at any time seene the shipp Interr
nor knoweth ought of the contents of this Interrie

To the 14:th Interr hee saith hee hath not deposed to the contents of the article
mentiondd in this Interrie nor knoweth ought or the contents of this Interr

To the 15 hee knoweth nothing of the contents of this Interr

To the 16:th hee saith hee knoweth nothing of the contents of this Interrie

JOHN ASHURST JUNIOR [His signature]








Transcriptions




Possible primary sources

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