MarineLives/HCA-13-58-TEXT · Datasets at Hugging Face

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ENGLISH HIGH COURT OF ADMIRALTY DEPOSITIONS; VOLUME HCA 13/58 (1642-44)

EDITED EDITION BASED ON RAW MACHINE TRANSCRIPTION OUTPUT FROM TRANSKRIBUS SECRETARY HAND MODEL (PYLAIA)

EDITS ARE PARTIALLY COMPLETE
==========================================================================
HCA 13/58 f.1r Annotate [MACHINE TRANSCRIBED] [HAND CHECKED AND CORRECTED]

A

1

7o Aprilis 1642

Negatiu examinatoins testiu ad
perppetua rei memoria ex parte
Capi Kircke et sei

debt Smith

1

William Vaughan of Enfeilde in the County of Middlesex
gentleman aged about 25 yeares sworne before the worshipfull Richard
Zouch Doctor of Lawes and Judge of his Majesties highe Courte
of the Admiraltye beinge examined uppon certaine interrogatories
ministred to him on the behalfe of Captaine Lewis Kircke and
Companye saieth and answereth thereto as followeth videlicet

To the firste interrogatorye in this behalfe ministred hee saieth and deposeth
that hee this examinate was with Captaine Lewis Kirke at Trinitye
harbour in Newfoundland in the yeare 1638 when hee mett with
a certaine Biskaner whome hee latelye sawe at the
Judges Chamber when hee was sworne and conceiveth to bee the
interrogate John de Castaulye, and
at such as meeteing with the said partye, the said Captaine
Kircke did in a faire, and peaceable waye entreate and entertaine
him the said Biskainer, and told him of a pattent which the Lords
that sett him out had from the Kinge of England under the greate
seale thereof for the were Newfoundland, and the Comission which hee
had from the Lords that had that Pattent and thereuppon shewed
the said partie a coppe of that Pattent in a boake, and withall
told the said one that he was thereby anuthorised to take five per
cent for such fishe as hee had taken there, and thereuppon the
said Biskainer did willinglye condesende to allowe and paye to
the said Captaine after the rate of five per Centum for all
such fishe as hee had there taken and did accordinglye afterwards
pay the same And this hee saith is true by vertue of his oath whoe was
aboard Captaine Kirckes shippe when the said Biskainer came
aboard her and was Captaine Kircke told him of the foresaid
Pattent and demannded the rate aforesaid of him for his ffishe
and heard what Captaine speake to the Biskanner and sawe the ffishe
accordinge to the rate aforesaid delivered../

To the second hee saith That the foresaid Biskainer at the tyme
aforesaid did give to the interrogate Captaine Kircke
a small shalloppe worth in this examinats iudgement fower poundes
little more or lesse and then the said Captaine Kircke and
his Companye went away and departed from the said place and
lefte the said Biskainer there togeather with all the shallopps
which hee then had there excepte that which hee gave the
said Kircke as aforesaid and this hee affirmeth uppon his oath to bee
true whoe went away with Captaine Kircke in the same shippe
where hee was the said Kircke was./

To the third hee saieth That the articulate Captaine Kircke came
noe more to Trinitie harboure in yeare 1639 after hee firste went from
thense and lefte the foresaid Biskainer there, neither did the
exte ever heare neither doth hee beleive that the said Kirck
had any more than one of the said Biskainers shallopps, which
~~~
HCA 13/58 f.1v Annotate [MACHINE TRANSCRIBED] [HAND CHECKED AND CORRECTED]

was that which hee gave him aforesaid at Trinitye harbour whileste
hee was there and when hee had the 5 per Cenum of him for
his ffishe aforesaid, and then the ffisheinge season was paste and
the said Biskainer was Careeninge fittinge and makeinge readye
his shippe to bee gone, and there was at that tyme very little
or fewe fishe to bee taken if any at all, and the said
Captaine Kircke could not detaine the said Biskainer longe
at Trintye harbour aforesaid because hee stayed not theire himselfe
above 7 or 8 a dayes at moste to his this examinats beste remembrance
but howe many shallopps the said Biskainer had then there or
the value of them this exAMINAte knoweth not And this hee affirmeth
uppon his oath to bee true

Ad Interrorgatoria ex altera parte ministrat [centre heading]

To the firste hee saieth That hee is of Captaine Kircks
acquaintance but noe wayes of Kinn to him, nor was ever his
servant or any otherways allyed of him then that as hee went
in his shippe hee tooke him to bee his freinde and for his parte hee
wisheth that righte may take place and favoureth
the parties litigant indifferntlye and otherwise negativelye./

To the second negative the busines in question not any wayes
concerninge him this examinat in matter of profitt or disprofitt

To the 3. 4. 5. 6. and 7th hee referreth himselfe to what hee hath
formerlye deposed and otherwise hee cannot answere./

ENGLISH HIGH COURT OF ADMIRALTY DEPOSITIONS; VOLUME HCA 13/58 (1642-44)

EDITED EDITION BASED ON RAW MACHINE TRANSCRIPTION OUTPUT FROM TRANSKRIBUS SECRETARY HAND MODEL (PYLAIA)

EDITS ARE PARTIALLY COMPLETE

==========================================================================

HCA 13/58 f.1r Annotate [MACHINE TRANSCRIBED] [HAND CHECKED AND CORRECTED]

A

1

7o Aprilis 1642

Negatiu examinatoins testiu ad

perppetua rei memoria ex parte

Capi Kircke et sei

debt Smith

1

William Vaughan of Enfeilde in the County of Middlesex

gentleman aged about 25 yeares sworne before the worshipfull Richard

Zouch Doctor of Lawes and Judge of his Majesties highe Courte

of the Admiraltye beinge examined uppon certaine interrogatories

ministred to him on the behalfe of Captaine Lewis Kircke and

Companye saieth and answereth thereto as followeth videlicet

To the firste interrogatorye in this behalfe ministred hee saieth and deposeth

that hee this examinate was with Captaine Lewis Kirke at Trinitye

harbour in Newfoundland in the yeare 1638 when hee mett with

a certaine Biskaner whome hee latelye sawe at the

Judges Chamber when hee was sworne and conceiveth to bee the

interrogate John de Castaulye, and

at such as meeteing with the said partye, the said Captaine

Kircke did in a faire, and peaceable waye entreate and entertaine

him the said Biskainer, and told him of a pattent which the Lords

that sett him out had from the Kinge of England under the greate

seale thereof for the were Newfoundland, and the Comission which hee

had from the Lords that had that Pattent and thereuppon shewed

the said partie a coppe of that Pattent in a boake, and withall

told the said one that he was thereby anuthorised to take five per

cent for such fishe as hee had taken there, and thereuppon the

said Biskainer did willinglye condesende to allowe and paye to

the said Captaine after the rate of five per Centum for all

such fishe as hee had there taken and did accordinglye afterwards

pay the same And this hee saith is true by vertue of his oath whoe was

aboard Captaine Kirckes shippe when the said Biskainer came

aboard her and was Captaine Kircke told him of the foresaid

Pattent and demannded the rate aforesaid of him for his ffishe

and heard what Captaine speake to the Biskanner and sawe the ffishe

accordinge to the rate aforesaid delivered../

To the second hee saith That the foresaid Biskainer at the tyme

aforesaid did give to the interrogate Captaine Kircke

a small shalloppe worth in this examinats iudgement fower poundes

little more or lesse and then the said Captaine Kircke and

his Companye went away and departed from the said place and

lefte the said Biskainer there togeather with all the shallopps

which hee then had there excepte that which hee gave the

said Kircke as aforesaid and this hee affirmeth uppon his oath to bee

true whoe went away with Captaine Kircke in the same shippe

where hee was the said Kircke was./

To the third hee saieth That the articulate Captaine Kircke came

noe more to Trinitie harboure in yeare 1639 after hee firste went from

thense and lefte the foresaid Biskainer there, neither did the

exte ever heare neither doth hee beleive that the said Kirck

had any more than one of the said Biskainers shallopps, which

~~~

HCA 13/58 f.1v Annotate [MACHINE TRANSCRIBED] [HAND CHECKED AND CORRECTED]

was that which hee gave him aforesaid at Trinitye harbour whileste

hee was there and when hee had the 5 per Cenum of him for

his ffishe aforesaid, and then the ffisheinge season was paste and

the said Biskainer was Careeninge fittinge and makeinge readye

his shippe to bee gone, and there was at that tyme very little

or fewe fishe to bee taken if any at all, and the said

Captaine Kircke could not detaine the said Biskainer longe

at Trintye harbour aforesaid because hee stayed not theire himselfe

above 7 or 8 a dayes at moste to his this examinats beste remembrance

but howe many shallopps the said Biskainer had then there or

the value of them this exAMINAte knoweth not And this hee affirmeth

uppon his oath to bee true

Ad Interrorgatoria ex altera parte ministrat [centre heading]

To the firste hee saieth That hee is of Captaine Kircks

acquaintance but noe wayes of Kinn to him, nor was ever his

servant or any otherways allyed of him then that as hee went

in his shippe hee tooke him to bee his freinde and for his parte hee

wisheth that righte may take place and favoureth

the parties litigant indifferntlye and otherwise negativelye./

To the second negative the busines in question not any wayes

concerninge him this examinat in matter of profitt or disprofitt

To the 3. 4. 5. 6. and 7th hee referreth himselfe to what hee hath

formerlye deposed and otherwise hee cannot answere./