PC1/38/117 National Archives

National Archives file PC1/38/117

(Image Reference IMG_0307.jpg)

Transcription of one item in this file:-

Treason (copy) The Keeper of Newgate’s account

NB The Original Account has [submitted?] to Mr ROSE [?] Minute 16th May 1797

Enter this account after the letter

“The Account of John KIRBY, Keeper of His Majesty’s Goal of Newgate for providing, meat, drink, lodging, colas, candles, [?] and attending the following persons charged with and on suspicion of High Treason – Committed by the Lords of His majesty’s Most Honourable Privy Council and brought by Habeas Corpus from the Tower; each of whom were ordered to be kept in separate apartments and no permitted to see them but by order from their Lordships and that in the presence of the said Keeper or his servants; vizt

William STONE paid him from the 20th February 1795 to 29th January 1796 by order of their Lordships 6/8 per day being in all 343 days as per STONE’s receipt  £114 6s 8d.

John ASHLEY committed the 29th May 1794 and continued until 30th October following was ordered to have all necessary charge for his Board 3/ per day being 155 days. £23 5s 0d.

To his lodgings, fire and attendance of one person during that time at 2/8 per day £20 13s 4d.

Richard HAYWARD committed the 29th May 1794 and continued until 16th December following being 202 days at the like allowance. £30 6s 0d.

To his lodgings, fire and attendance of one person during that time at 2/8 per day £26 18s 8d.

Thomas SPENCE committed the 29th May 1794 and continued until 22nd December following being 208 days at the like allowance. £31 4s 0d.

To his lodgings, fire and attendance of one person during that time at 2/8 per day £27 14s 8d.

John HILLIER committed the 29th May 1794 and continued until 22nd December following being 208 days at the like allowance. £31 4s 0d.

To his lodgings, fire and attendance of one person during that time at 2/8 per day £27 14s 8d.

Jean Baptiste ROUSELLE committed the 29th May 1794 and continued until 21st May 1795 being 358 days at the like allowance. £53 14s 0d.

To his lodgings, fire and attendance of one person during that time at 2/8 per day £47 14s 8d.

John Philip FRANKLOW committed the 6th June 1794 and continued until the 22nd December following being 200 days at the like allowance. £30 0s 0d.

To his lodgings, fire and attendance of one person during that time at 2/8 per day £26 13s 4d.

Carried Over £491 9s 0d.

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Brought Over £491 9s 0d.

 

John BAXTER committed the 8th July 1794 and continued until the 15th December following being 161 days at the like allowance. £24 3s 0d.

To his lodgings, fire and attendance during that time at 2/8 per day £21 9s 4d.

Thomas HOLECROFT committed the 10th October 1794 and continued until the 1st December following being 56 days at the like allowance. £8 8s 0d.

To his lodgings, fire, candle and attendance during that time at 2/8 per day £7 9s 4d.

John SMITH committed the 10th October 1794 and continued until the 9th May following being 212 days at the like allowance. £31 16s 0d.

To his lodgings, fire, candle and attendance during that time at 2/8 per day £28 5s 4d.

John Horne TOOKE brought from the Tower the 24th October 1794 and continued until 22nd November following being 30 days at the like allowance. £4 10s 0d.

To his lodgings, fire, candle and attendance at 2/8 per day £4 0s 0d.

Steward KYDD brought from the Tower the 24th October 1794 and continued until 1st December following being 39 days at the like allowance. £5 17s 0d.

To his lodgings, fire, candle and attendance during that time at 2/8 per day £5 4s 0d.

John Augustus BONNEY brought from the Tower the 24th October 1794 and continued until 17th November following being 25 days at the like allowance. £3 15s 0d.

To his lodgings, fire, candle and attendance during that time at 2/8 per day £3 6s 8d.

Thomas HARDY brought from the Tower the 24th October 1794 and continued until 5th November following being 13 days at the like allowance. £1 19s 0d.

To his lodgings, fire, candle and attendance during that time at 2/8 per day £1 14s 8d.

John RICHTER brought from the Tower the 24th October 1794 and continued until 15th December following being 53 days at the like allowance. £7 19s 0d.

To his lodgings, fire, candle and attendance during that time at 2/8 per day £7 1s 4d.

John THELWALL brought from the Tower the 24th October 1794 and continued until 5th December following being 43 days at the like allowance. £6 9s 0d.

To his lodgings, fire, candle and attendance during that time at 2/8 per day £5 14s 8d.

Jeremiah JOYCE brought from the same place the 24th October 1794 and continued until 1st December following being 39 days at the like allowance. £5 17s 0d.

To his lodgings, fire, candle and attendance during that time at 2/8 per day £5 4s 0d.

Carried over £681 11s 4d.

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Brought forward £681 11s 4d

John Augustus BONNEY brought from the same place and continued one day. £0 3s 0d.

To his lodging, Fire, Candle and attendance £0 2s 8d.

Paul Thomas Le MAITRE, John SMITH, George HIGGINS – Indicted for High Treason – Ordered by the Lords of the Privy Council to be paid each of them 13s 4d per week from 15th January 1796 until 4th March following being 7 weeks. £By a subsequent order their allowance was augmented to each on14 0s 0

C100/72 National Archives File

 

Partial Transcript of National Archives file C100/72

Volume 5

16th May 1698

Masters Side

Ladies hole Cecilia Labree (Convicted)

Hole Executed 18th May Thomas Jennings in a sledge Coining      [No trace in POB]

Prison Court [or Convict] in Since

John Short als Shaw 17th May Coining and Counterfeiting              [No trace in POB]

 

23rd May 1698

Masters Side

Ladies hole Cecilia Labree (Convicted)

Prison Court [or Convict] in Since

fW to the [?] 20th May [?] Anthony Cavenear 27th May H Treason

 

30th May 1698 ; 6th June 1698; 13th June 1698; 20th June 1698 ; 27th June 1698; 4th July 1698; 11th July 1698; 18th July 1698 ;25th July 1698; 5th August 1698 ; 29th August 1698; 19th September 1698; 26th September 1698

Masters Side

Ladies hole Cecilia Labree (Convicted)

19th September 1698 “Comd S. 29” [Completed Sentence 29th [September]]

 

20th February 1698/9

Middle Ward

Wm Chaloner – Law

John Ignatius Lawson – Law

 

6th March 1698/99

Middle ward

John Ignatius Lawson

Hole

Wm Chaloner – Condemned

 

13th March 1698/99

Middle ward

John Ignatius Lawson

Hole

Wm Chaloner – Condemed

 

20th March 1698/99

Middle Ward

John Ignatius Lawson

Hole

Wm Chaloner – Condemned  Executed 22March

 

 

 

 

 

 

MINT 15/17 National Archives File

Partial Transcript of National Archives File MINT 15/17

Item 28

The examination of Hannah Cook 16 May 1697 [sic?]

Who sayeth that her father William Cooke was by Trade a Clockmaker and that he used to make clocks and Jacks and that she did never know or was privy to his making of Counterfeit money or tools for that purpose.

The mark of Hannah Cooke

John Packer

Item 30

The Examination of Cicilia Labree 16 May 1698

That about a quarter of a year since she [hired?] a house in Lille Ambrey in Westminster and that one Cook hired several rooms of her in the house aforesaid who had lodged with her about 6 weeks with his daughter a girl about 13 or 14 years of age the said Cook pretended to be a clockmaker by trade and made use of the [?] to cast metal in as he pretended for utensils in his Trade. And that she had been seen him several times in his [back?] she pretending some of the said tools that were taken in her house and now produced before me but that she did not know what use they were for or did ever see him make any false or counterfeit money or did know that ever he did but that he did give her a fake guinea half guinea and [Lewisd?] or for to lay by for him which he told her he had bought by weight to make use of in his [habit?].

Cecilia Labree

John Packer

Item 31

The examination of Edward Ivy als Jones late of [blank] Gent. Taken before the 17th May 1698

Who being duly sworn on the Holy Evangelists and saith that he has been acquainted with John Jennings Gent. In England upwards of three years which said Jennings was once footman to the late Duke of Monmouth that the said Jennings often came to the deponents house in London and about 4 years since came to his said house and walked with the deponent in the garden and took out a handful of Guineas which this deponent look to be Counterfeit.  That the said Jennings desired this examinant to utter as money of the said Guineas (being about 100) as the examinant could and particularly desire to take one hundred of the said guineas the deponent looking on the said showed to him told the said Jennings that he believed they were good and so they seemed to this deponent until that the said Jennings offered to sell them to the deponent for 12 or 14 [shillings] a piece and desired the examinant then to take one hundred of them and utter them. That they Examinant [?] the said Guineas told the said Jennings that the said Guineas exceeded any that Chaloner made whereupon the said Jennings replied that Chaloner was a fool to him that made the said Guineas who was a person that lived near Hampton Court and was near neighbour to the said Jennings and named his name being the son of widow woman but the examinant forgets the name and said of he and the other person coined stocks together and had a [?] house for coining and desired this deponent to put in a hundred pounds [?] the [?] and to come sharer with them, he likewise told the examinant that he used to utter them in the country in exchange for a pint of Wine and likewise desired the deponent to go into the country with him  to utter the said Guineas sayeth that the said Jennings when this examinant knew him was a married man and lived with his wife near Hampton Court which said wife the examinant believes is still living [?] when said Jennings offered the sad Counterfeit Guineas to the Examinant to [pass] Elizabeth Jones Widow was [perfect. The Examinant deponent that he has known Edward Bready late of St Anns parish in London upwards of 4 years past that the said Bready made it his constant business to utter counterfeit Guineas and Counterfeit English Money that the deponent has several times seen him utter such false coin and the said Bready told the deponent that he had the said Counterfeit money from one Cogswell and from a Dr that lived at the Glass House in Lambeth and as  that this deponent believes or from one Chaloner that this defendant believes or that the bready has uttered to the value of several thousand pounds in Counterfeit Gold and Silver he having practised it for several years past. […]

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Well [?] that John Gibbons now Porter at Whitehall Goal very well knows the truth of what the Deponent now deposes  (as to the [?] [?] to be true that the Jacob Goldsmith that lived in [?] lane used to buy the filings of clipped money and clippings from several clippers that one price a watchmaker that lived near [?] Cross used to make the tools for [?] Counterfeit Guineas say that the said Gibbons [corresponding] with a great many Clippers and Coiners and used to receive several sums of money from them as [contribution?] for conceiving at them and was went to [?] for any of them when they were [mis..]. That this deponent will knew one Samuel Jackson in England who are clippers and coiners the cause of the deponent’s knowledge as that the said Jackson lodged in the deponent’s house in London but he hears that the said Jackson is lately come into this Kingdom together with George Emerson, Joseph Forster and other [Examinant?] Coiners and Clippers from England who the deponent believes go by other names in this Kingdom, saith that John Hicks late of Little Chelsea in England and his wife Mary Hicks and his daughter Hucelt [? [?] in Clippers in London having seen them often clip English shillings half crowns and crowns all mild money. Saith that he very well knows one Chaloner who lived near Charing Cross and used to coin gold pistols and guineas and this deponent likewise knoweth one William Deane that belongs to the Royal Oak Lottery in London to have been a clipper and coiner, he likewise knoweth Thomas Bane of London to be a Clipper. And further deposeth that he the said Bready is a Highwayman and that Gibbons used to furnish him [with?] [horses?] to go aboard to [?].

Edward Ivy

Ri Lyne / Thomas Coote / Is Newton

Item 32

The information of Rupert Street in Piccadilly Gent. 20 day June 1698

He saith that Moses Stringer of Villers Street in York Buildings [Chipm?] hath an exchequers Bill which was cancelled and that the [cross?] wherewith it was cancelled is done out and the paper where the lines of the cross are done out is mended with [?] on the [?] to [?] then it the said Stringer

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[?] rendezvous and that Thomas Hall a littleman [or lighterman?] hath told him this deponent that he the said Hall who now lives by London Wall   next door to the Pettycoat and one Bambrigg fellow servants in Kings James’ Mint in Dublin have coined together meaning as the deponent understood him in England and that the said Hall offered the deponent to be concerned with him in [coining?] about 2 or 3 years ago and that last Sunday the said Hall told the deponent that he should soon be in a better condition and was going to take a great House near the Customs House in Thames Street and he desired the deponent not to go into the inner room of his house where some company were saying that some of them know him and it would be a disgrace to appear in that  [guarb?].

And that Robert [Attey?] told him that also a day or two before he was committed to the Marshallsea  for coining for coining that he had given about 17 or 19 dyes to the Warden of the Mint and had got [10?] more and was going to work again and that Bainbrigg above mentioned lives or did lately live at a Chander’s shop  in Wild street.

And that some things that have passed between the deponent and Mr carter have been betrayed by Mr Inch by which the deponent [?] suspects that there is a correspondence between Mr Inch and whom he lately takes to be one of the Clerks of the Bank and unto Carter and that when the deponent was here before upon doing some service to the Bank of England and was betrayed and hindered by a person whom the Bank employed as he has mentioned in another paper he understands that person to be Mr inch as being the only person employed by the Bank in that matter.

And that Pearce Butler a soldier or pretended solider belonging to the Guards being lately taken up in Surrey and bailed  of the Marshallsea for putting off Counterfeit pistols corresponded with Carter Fitzgerald, Thomas White, Mr Tilly, Warden of the Fleet, Beauchamp they and is suspected to have his pistols of that gang and that he this deponent is told by Mr Gunn of the Temple and late prisoner with the deponent in the Kings Bench and of Carter Fitzgerald and Tilly that the said Gunn is very sure of White Fitzgerald and Tilly have a workhouse somewhere in Westminster. And that Mr Latchfield a prisoner in the Fleet lately told the deponent that Thomas White and an attorney are gone to Sir Symon Leech near Exeter   about raising money on some part Sir Symans estate.

And that Thomas Wreay [fined?] 500 marks the last [Michaelmas?] for counterfeiting of Bills can do great service if he may have his pardon and that he escaped

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Out of Newgate by the consent of Mr [offell?] as the Deponent hath been told. The deponent saith further that Sir Symon Leech is a great acquaintance of Carter and has all along supported him and procured the money by which the bail was bought for getting Carter out of Newgate and that Sir Symon is a Roman Catholic and a great Enemy to the Government and yet Carter told the deponent that Sir Symon proposed to the said Carter the following way of getting 15000 [?] a little before Carter was taken [?] by the Bank Viz that Sir Symon should go upon the Road with 1500 about him and delivered it Carter who should meet him in the way and pretend he was [?] by Carter and sue the [Countrey?] for the money.

William Butler

Is Newton

 

Item 33

Westminster

John Snow of St Andrews Holborn Distiller make the oath that Mrs Jane? The late supposed wife of Robert Attey informed him on Saturday last and again today that the said Robert Attey had left 4 pair of dyes for coning in the custody of Mrs Gardiner the Land Lady near Pepper Ally 2 pair of [which the?] said Mrs Gardiner had pawned to another woman for 50 [shillings?] and the other 2 pairs which she kept and were the [best?] were of [King] William and [Queen] Mary.

John Snow

7 June 1698 Is Newton

 

 

Item 153

The information of Cicilia Labree 23rd February 1698/9

She saith that in last May was a twelve month John Kisten who keeps a coffee house at the [blank]

Saith that when the deponent’s press was set-up at the house of John Kisten, the deponent’s father in Law Samuel Tibbs and Maximillian Laloo were present and Lalo helped to set up the said press and put in blanks to be coined. And that when the said press was set-up at the house of the said Kisten they had blanks there mixed of two parts of gold and one part silver ready to be coined but did not coin any of them but tried the press by coining blanks of copper and of blanks of lead and the press broke in pulling up either the copper blanks or the gold blanks for the [trial?] also the Gold blanks and Lalo said that the Gold was too hard and saith also that some of the copper blanks were coined very well.

Cicilia Labree

Is Newton

Item 154

The examination of Samuel Tibbs of Church Lane in the Strand 24 February 1698/9.

Who saith that about a year and three quarters ago his daughter in law Cicilia Labree being newly convicted of High Treason for coining did give the examinant something wrapped up in brown paper which she called either stamps or blanks and said they were unfinished and desired the deponent to throw them into the Fleet ditch. And the deponent did so and about half a year or a year ago told the Warden of the Mint that he had done so and before that told Mr Parker the same. And that about 3 years ago his daughter told him that her press for coining of guineas was carried to the house of John Kristen in Westminster by the Horse Ferry and there set-up in his cellar and continued there for some weeks and that they there tried to coin guineas with it but without success, the press breaking in the trial and that the metal which they tried to coin was good gold and good silver mixed and that Laloo and Kisten were assisting but this examinant was not there in the cellar to see it.

Samuel Tibbs

Is Newton

 

 

 

Item 291

The information of Thomas Sadler of Stretham in the Isle of Ely taken upon oath this 30th day of June 1699 before Roger Jennins Esquire and Francis Tern Prebendarie of Ely two his Majesties Justices of the Peace of the said Isle.

This informant sayeth that on or about the 16th day of April in the year of our Lord 1698 William Thornton of Neat Sett [Neatishead]  in the County of Norfolk came to this informant’s house at Stretham aforesaid and about five days after one Henry Holder alias Harrison came also to this informant’s house who brought dyes and several other coining instruments with him wherewith the said William Thornton and Henry Holder alais Harrison did coin several mild shillings in imitation of the current coin of this kingdom in the cellar of this informants house in Stratham in the [?] aforesaid and further this informant sayeth not.

Thomas Sadler

Roger Jennins / Fran: Tern

Item 290

A letter from Roger Jennings Esq. of the Isle of Ely to Isaac Newton Esq.

Received yours of the 24th ? Mr Mountaques enclosed and I have accordingly an information from Thomas Sadler against William Thornton and Henry Holder with? I have here sent you enclosed; hoping that you apprehend them both hearing that they keep much together Sadler’s wife being aboard. I could take no further information from her but if I find her on examination anything material therein I send it also to you ? which any service to Mr Mountague delivering you to accept him here which is all from

Sir your assured friend and servant

Roger Jennins

Ely ? 20th [16]99

 

Item 297

The examination of Samuel Tibbs now in custody taken this 11th day of January AD 1699/1700.

 

Who being duly examined saith that about six weeks or two months ago he was in company with one John Fenton Russell in Westminster and the said Russell asked this examinee if there was any good things stirring meaning counterfeit money as this Examinant doth believe and this Examinant did then show a counterfeit half-crown to the said Russell and Russell looked upon it and it would do and took it and gave this examinant change out of it and this Examinant told one Cecilia Labree his Daughter in Law of the passage with the said Russell concerning the counterfeit half-crown as aforesaid and the said Cecilia Labree gave to this Examinant about three weeks ago four half crowns and ten shillings in counterfeit money and desired this Examinant to sell the same to the said Russell for [?] shillings in part payment thereof and this Examinant further saith that he knows one Mrs Biggs now in custody and that he hath seen her frequently in company with the said Mrs Labree and that they used to lye together last summer.

Samuel Tibbs

Is Newton

Item 433

The information of Ciciliah Labree of the Parish of St Andrews Blackfriars taken this tenth of August 1702.

Who saith upon her oath that she been acquainted Jane Housden about six years and that about three years since she saw a parcel of counterfeit mild money in the hands of the said Jane Housden which then confess to this deponent she had made herself by casting it in sand and this deponent further saith that she hath several times since been in company with the Jane Housden and heard her confess that she sells her counterfeit mild money to Susannah Smith, Hannah Madgwell, Alice Madgwell, Mary Crow, Elizabeth Bond, Mrs Roudom, Judith Faulker and Jane Salt after the rate of forty counterfeit shillings for twenty good shillings and Susannah Smith hath owned to this deponent that she hath lately had of Jane Housden three pounds of counterfeit mild money for twenty shillings of good money and this this deponent further saith that about one year since saw in the hands of Francis Smith two half-crowns which were counterfeit milo shillings not finished and a piece of metal of about 6 ounces weighting which money and metal the said Smith declared he found in a cellar in his then dwelling house in Earls Court by Drury Lane which said house was the late dwelling house of the aforesaid Jane Housden the said Housden’s goods being then in the aforesaid house and the aforesaid said Smith did then declare to this deponent that he did believe the said half crowns and shillings with the metal to be Jane Housden’s because it was very like some counterfeit milo money which the said Francis Smith had several times before brought of the said Jane Housden after the rate of forty shillings bad money for twenty shillings good. And this deponent further saith that about two months since she did meet one John Lallue who showed her three counterfeit milo shillings and told her that his brother Charles and himself did work at a brazier’s shop and did take opportunities when their master was from them to make counterfeit money of white metal and silver it over, and this deponent further saith that she hath within this 6 months last past seen mild money in the custody of Susannah Smith, Susannah Madgwell, Alice Madgwell, Elizabeth Bond, Mrs Roudom,  Jane Salt and Francis Smith which they all owned to this deponent they bought of Jane Housden.

Sicily Labree

J Stanley

Item 434

The information of Eliz. The wife of John Bond of the parish of St George’s Southwark in the County of Surrey taken this 7th day of September 1702

Who upon her oath that she this informant being at one Mrs Nickolls’s house in Thames Street London about three quarts of a year ago did then and there see Siciiy Labree and Jane Salt in a room, one pair of stairs on the said house and at the same time did see Labree pour metal into flasks in the presence of the said Salt did see the said Labree open the flasks and there appeared pieces of counterfeit money like Shillings resembling the current coin of this kingdom and that she did hear the said Salt say that they were cast fine and would do, only they were a little too soft and she this informant further saith that she did nurse a child for the said Labree about 4 years ago together and that the said Labree did pay in part for the nursing of the said child to this informant about fifty shillings in counterfeit money about Christmas East and she further saith that the said Jane Salt told this informant that she could make counterfeit money better than that of Labree and showed her how she might distinguish of one’s making from the other.

Elizabeth Bond – her mark

J Stanley

Item 512

The examination of Cicillia Nokey als La Bree als Jackson als Bayley taken before the Right Honourable Secretary Hasley

She examinant saith that in May 1704 or in June following she pleaded her Majesties’ gracious pardon, some fileings of silver being shown to this examinant which were found in a [paper?] Market December 23rd 1704 paid in part £5. CN the examinant saith her child went to sea about a year ago but that some before he went and [brother?] this paper and told her it was silver sand and that she the examinant did keep it because it was all she had to remember her child by.

Cicilia Nokey

Item 517

The information of Amy the wife of Richard Angell taken upon oath this 20th November 1705.

Who saith that she knows Sir Richard Blackham and his lady and that the said Sir Richard did invite her said husband and desired him to bring this deponent and their daughter Sarah to his house in Kentish Town about 2 months ago and accordingly they went thither and saith that the said Sir Richard   did furnish her said husband with money to buy and procure metal and other materials in order to cast and counterfeit Dutch Shillings with [?] said husband did accordingly.[?] that she hath seen the said Sir Richard assist by amending repairing and blowing the fire whilst the said husband Richard Angell was casting Dutch Shillings as a foresaid, And [?] the furnace in which the metals was melted was of Sir Richards own present and likewise that the flask in which the same was moulded and cast was provided by the same Sir Richard . And further saith that she this informant hath seen the lady Blackham (wife to Sir Richard) [?] about the fire as her husband Sir Richard had done as aforesaid and she hath seen the said Lady Blackham rub, drust and whiten the shillings so cast as aforesaid. And that Sir Richard had the shillings when finished as a foresaid.

Amy Angell

J Stanley

Benjamin DIDIER Affidavit

Extract from National Archives file KB1/19/1

This document relates to Kings Bench case WILLIAMS v GRIFFITHS (1773) See list of related Affidavits and other background material

[The IMG references reference(s) are the number of the image taken when the document was copied]

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Benjamin DIDIER of the parish of Saint Nicholas in the Borough of Harwich in the County of Essex Gentleman Clerk of the Peace of the said Borough maketh Oath and saith that this deponent at the request of Joseph ORLEBAR Esquire Mayor of the borough attended a meeting of him the said Mayor Griffith DAVIES Esquire late Mayor of the said Borough and Humphrey RANT Esquire Recorder for the [?] being of the same Borough three justices of the said Borough next unto the port of Harwich held at the House of Roger HINDE known by the sign of three cups in the parish of Saint Nicholas in the Borough of Harwich aforesaid on Tuesday the 4th day of February in order to examine witnesses and adjust the [?] of [?] for [?] schooner called Unity of Philadelphia William WILLIAMS Master  with her cargo and crew the then vessel being brought into the said port and this deponent saith that when he had wrote the preamble of the meeting Mr John ELLET of Ipswich who called himself solicitor for the owners and proprietors of the said schooner made several objections against any further proceedings of the said justices but the only one of which any notice was taken by the said Justices was to the setting or acting of the said Griffith DAVIES Esquire Collector of the Customers as a Justice of the Peace to which objection Humphrey RANT Esquire the said Recorder answered that if Mr DAVIES was not interested in the event of the meeting (which Mr DAVIES declared he was not) he Mr RANT thought the said Mr DAVIES not withstanding his being Collector of the Customs might act in that case as a justice of the Peace and this deponent saith that  when they were about to call witnesses the said Mr ELLET further objected that the said schooner and her cargo were not being brought unto the said port Harwich thirty days preceding that meeting which being before the time prescribed by the statues of the 12th year of Queen Anne and that last objection was allowed by the said justices as the only good one and  thereupon that assembly was dissolved. And this this deponent further saith that on Tuesday the eleventh day of February last he attended the Justices at the General Licensing of Victuallers held at the Guildhall for the said Borough and as soon as [..] the said John ELLET demanded of the said Collector Griffith DAVIES therelease and discharge of the said schooner and Roger HINES offered himself as security to answer for the demands of salvage when the said Mr DAVIES expressing himself doubtful, Mr John HINES brother to the said Roger HINES asked the said Mr DAVIES whether he would take his security and walked away towards the window. Where upon this deponent he and Mr DAVIES say that John HINES he believe had some substance. And that he would take his security which being reported to Mr John HINES he answered that he had only asked whether Mr DAVIES would take but had not said that he would give his security.

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And that this deponent believed if he went immediately to [?] DAVIES’S house then bond would be accepted. And this deponent saith that the said John ELLET followed this deponent and came before the said collector but the said William SHEARMAN being doubtful whether he should on behalf or Mr Samuel BEARY accept the said bond the said John ELLET peremptorily demanded of the said Collector the discharge of the said schooner saying he had offered him sufficient security when this deponent [observed?]  to the said John ELLET that the security was not made to the said Collector as Samuel BEARY was the only oblige named in the Bond and this deponent finding the said John ELLET bent on mischief by some notices he was about to give to the Collector advised Mr SHEARMAN to accept of the bond on behalf of Mr BEARY which he did and immediately the [?] the said Collector consented to the discharge of the said schooner with cargo [..] on Monday the 27th day April last being the day of the General Quarter Session of the Peace for the said Borough Harwich [?] this deponent about two hours after the [?] was over waited on the Mayor and Recorder at the said Inn called the Three Cups to which they had gone  from the Hall and there dined and [?] after this deponent was desired to so [?] the said Mayor acquainted the said Recorder that John ELLET had given him  paper demanding true copies of the examinations of Samuel BEARY Daniel MACQUIRE Andrew otherwise Anden ANDERSON Robert GEORGE William ENFER and John WHITING (taken in writing on oath the said twenty seventh day of February last soon after which the said Griffith DAVIES Esquire [?] in and [?] when the said Recorder told the said Mayor that the said John ELLET had no right to demand such copies which they were not obliged to give till required by the Court of Kings Bench after which the said John ELLET came into the [?] and asked whether the [?] [?] he had demanded were ready for him when the said Griffith DAVIES esquire took the said paper demanding copies as aforesaid dated 17th April 1772 (being that very day) in his hand and asked the said John ELLET who GREGG and POTT signed to the said Writing were, to which the said John ELLET answered they were  Attorneys in London upon which this deponent told the said John ELLET the said Recorders opinion that the Justices were not obliged to deliver copies to any attorney without some Order from the Court of King’s Bench when the said John ELLET addressing himself to the said Mr DAVIES asked if he should take this deponent’s answer for his also if he refused to give him copies and several other questions to which neither the said Mayor or the said Mr DAVIES giving any answer this deponent told the said John ELLET that these Gentleman [?] him too well to answer his [?] questions  or finish him with matter for an affidavit which this deponent did not doubt his making as full as he could as this deponent understood he had given notice of moving for an information against the Justices whereupon the said John ELLET immediately quitted the room laughing or affecting to laugh.

B DIDIER

Sworn at Harwich in the county of Essex this 12th day of June in the our Lord 1772 before me Bw LONG Junior by Commission

 

Griffith DAVIES Affidavit

Extract from National Archives file KB1/19/1

This document relates to Kings Bench case WILLIAMS v GRIFFITHS (1773) See list of related Affidavits and other background material

[The IMG references reference(s) are the number of the image taken when the document was copied]

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Griffith DAVIS of the Parish of Saint Nicholas in the borough of Harwich in the County of Essex, esquire, Deputy to the Customer of the Port of Ipswich stationed at Harwich (being a member or Crech of the said port of Ipswich) and Collector of the Customs of the Port of Harwich one of His Majesty’s Justices of Peace for the County of Essex and also one of the Justices assigned to keep the Peace in and for the Borough of Harwich maketh oath and saith that he hath pursued a paper writing shown to this deponent and said to be a true copy of an affidavit in the King’s Bench of James MATHER of the City of London Merchant wherein it is said “in Order to obtain permission for the  schooner called the Unity of Philadelphia William WILLIAMS Master to proceed on her voyage to London at the instance of the said William WILLIAMS that in February last he the said James MATHER waited upon this Deponent and offered himself and Roger HINES of Harwich aforesaid to become bound as sureties for the payment of what might be lawfully adjudged to be paid for or in respect of the claim of 50 pounds or 50 guineas made in the name of Samuel BEARY on the said schooner for Salvage. And that this Deponent rejected the said proposal and said he detained the said schooner as a Magistrate until the said 50 pounds or 50 guineas was paid to the said Samuel BEARY for salvage or to that effect and that upon such refusal the said James MATHER offered this deponent to deposit it in his hands the money so demanded as security until the said claim should be determined but that this Deponent also rejected the last mentioned offer and proposal saying that this deponent could not take the money as a deposit but would take it as a payment for the salvage or to that effect”.

Now this Deponent saith that the James MATHER about the beginning of February last did apply to this deponent as Collector of the Customers in order to claim a permission for the said schooner to go out of Harwich Harbour and Offered only Roger HINES as a surety who this Deponent could not legally take without consent of the Salver who had before that time refused to accept of him. And this deponent further saith that the said James MATHER neither offered himself as a surety nor offered to deposit the hands of this deponent fifty pounds or fifty guineas as or any other sum and this deponent further saith that he never said he detained the said schooner as a Magistrate until fifty pounds or fifty guineas was paid to the said BEARY for salvage as this deponent well knew no magistrate has such any power therein and never heard fifty pounds or fifty guineas was before the said James MATHER mentioned either of such sums to this deponent.

And this deponent further saith that he hath been an officer in the Customers in the said port of Harwich forty four years forty one of which he hath been Collector of the Customers at Harwich and thought it his duty to assist the salvors to detain vessels saved and brought into this Port of Harwich whenever such assistance was requested or demanded by the salvor which hath been done in the said space of time for near one hundred vessels but this deponent never had any interest in or otherwise detained vessels or their cargos but for the

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As well of the merchants property as for the salvage for both which this Deponent always considered himself a [?]. And this deponent further saith that he hath pursued another paper writing show to his deponent and said to be a true copy of an affidavit in the King’s Bench of William WILLIAMS John ELLET and others wherein the said William WILLIAMS saith “that on Monday the 20th day of January last he went to this Deponent Collector of the Customers at Harwich aforesaid to report this vessel when this deponent ordered him to go to one William SHEARMAN a sail maker at Harwich whom as this deponent informed the said William WILLIAMS, BEARY had left to act for him.  And that on or about the 22nd day of January last the said William WILLIAMS applied to and asposhulated with this Deponent upon the unlawful detention of the said schooner and the said demand so made as aforesaid and that he the said William WILLIAMS at several other times informed this deponent of all that had past on the 18th day of January and endeavoured to convince this deponent that there was not the least pretence to found such claim on but that the endeavours of the said William WILLIAMS were ineffectual and to  no purpose for that this deponent told the said William WILLIAMS that fifty guineas should be paid at all events and at the same time asked him whether he was a Welshman to which he answered no but that he might be of a Welsh extraction. And that thereupon this deponent replied that if the said William WILLIMS was a Welshman he might have more favour shown him or words to that effect. And that the said William WILLIAMS finding all his endeavours to obtain from this deponent the discharge of the said schooner ineffectual and hearing from this deponent that three justices were to determine the matter in dispute as to the said demand of fifty guineas he the said William WILLIAMS on or about the said 22nd day of January in hopes of obtaining the discharge of the said vessel informed this deponent the Collector that he nominated James CLEMENTS Esquire one of  his Majesty’s Justices of the Peace for the County of Essex who resides at Harwich aforesaid one of such three Justices but that this deponent rejected and refused such nomination and declared that the said Mr CLEMENTS should not act upon the occasion as one of such three justices to determine the said matter And that on or about the 22nd day of January last and at several different times afterwards he the said William WILLIAMS in order that the said schooner might not be detained from pursuing her voyage to London offered himself. And also procured Mr Roger HINES of Harwich aforesaid Innholder to tender and this deponent [..] said Samuel BEARY might be legally judged to be entitled unto to for or in respect of the assistance given or alleged to be given by him to the said William WILLIAMS or to the said schooner but that this deponent repeatedly rejected and refused such security and presented the same being accepted”.

And therein the said William WILLIAMS and John ELLET say

“that they on

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“About the 13th day of March last attended this deponent and told him an action was brought against the said William WILLIAMS at the Samuel BEARY’s suit and that therefore they desired to know if this deponent detained the said schooner any longer or whether she might sail, to which that this deponent replied she should not go out of the Harbour till he had a certificate that the money was paid.”

And therein the said John ELLET saith “that he was about asking their deponent other questions touching the detention of the said vessel but that this deponent turned out of the room saying at the same time he would answer the said John ELLET no more questions”.

Now this deponent saith that on Monday the 20th day of January last the said William WILLIAMS came to make his report to this Deponent when this deponent referred him to his Clerk at the Customs House to enter the same but this Deponent did not order the said William WILLIAMS to go to William SHEARMAN sail maker at Harwich for this deponent was not then informed neither did inform the said William WILLIAMS that BEARY had left the said William SHEARMAN to act for him and this deponent further saith that on or about the 2nd day of January last the said William WILLIAMS came alone to this deponent and asked him why the said schooner was detained and this deponent referred him to his Clerk at the Customs House to show him the request of the Salvor Samuel BEARY for that purpose. But this deponent did not tell the said William WILLIAMS that fifty guineas should be paid at all events or mentioned any sum to him. And this deponent saith that he did ask the said William WILLIAMS whether he was Welshman (as there are many Welsh men of that name) but upon his answering no but that he might be of Welsh extraction this deponent had no further discourse about a Welshman nor did he express any favour he might have shown him had be being of that country. And the said William WILLIAMS afterwards told this Deponent that he been with the Chief Justice on which this deponent observing that there were but two in England and that he must be mistaken him who he meant. And the said William WILLIAMS being very intoxicated with liquor first said it was a very tall large man and after great recollections said his name was CLEMENTS but did not nominate James CLEMENTS Esquire to act as a Justice of Peace in adjusting said BEARY’s demand for salvage neither had they any further discourse about any one of the name of CLEMENTS . And this deponent further saith that the said William WILLIAMS did not on the said 22nd day of January last or at any other time before the 20th day of April last offer himself to this deponent to enter into any security for the due payment of whatsoever the said Samuel BEARY might be legally to be entitled into for or in respect of the assistance given or alleged to be given by him to the said William WILLIAMS or to the schooner. And this deponent further saith that his chief objection to the security offered by the said Roger HINES was want of the consent of the Salvor as the statue of the twelfth year of Queen Ann requires “that good security to be given to the satisfaction of the several parties that are to receive the gratifications therein mentioned”

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This deponent further saith that the said William WILLIAMS and John ELLET did not nor did either of them on the 13th day of March last or at any time before or since personally acquaint this deponent that any action was brought or copy of any writ served on the said William WILLIAMS at the suit of the said Samuel BEARY but about the time last mentioned they might ask this deponent the question whether he detained the said schooner any longer or whether she might then sail. To which this deponent made no other answer then by asking the question whether they had got a certificate from the salvor or his agent that the salvage was paid. And this deponent further saith that he believes the said John ELLET would have asked this deponent several [?] questions but being aware of him this deponent hurried of the room saying he would answer no more questions which this deponent did and said for no other reason but his want of witnesses to prove the truth of what was really said or passed between them and this deponent.

DAVIES

Sworn at Harwich in the County of Essex this 12th day of June in the year of our Lord 1772 before me Bw LONG Junior by Commission

Thomas SHEARMAN Affidavit

Extract from National Archives file KB1/19/1

This document relates to Kings Bench case WILLIAMS v GRIFFITHS (1773) See list of related Affidavits and other background material

[The IMG references reference(s) are the number of the image taken when the document was copied]

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Thomas SHEARMAN of the Parish of Saint Nicholas in the Borough of Harwich in the County of Essex inspector of the Water Guard of His majesty’s Customs maketh oath and saith that on Saturday the 18th of January last between the hours of five and six in the evening this deponent went on board the schooner called the Unity of Philadelphia William WILLIAMS Master then coming to anchor near the town of Harwich aforesaid and immediately went down to the said William WILLIAMS in the cabin who told this deponent that he had agreed with the pilot for half a guinea to bring him into Harwich Harbour but had no British Money to pay him and further saying he should want money to repair his damages this deponent offered to supply him with any money he might want to the amount of one hundred pounds or any further sum whereupon the said William WILLIAMS complaining that the pilot would not be content with half a guinea this deponent desired that the pilot might be called down to hear his reason for wanting more than half a guinea and upon Samuel BEARY Master of the Fishing Sloop called the Good Intent of Manningtree coming into the cabin this deponent asked why he would not be content with the half guinea which the Captain had said was agreed for to which the said Samuel BEARY answered that it was true that he had asked for half a guinea to sail before and let the schooner follow him into Harbour but the said schooner instead of following his sloop had deviated four or five points of the compass and got upon the Rocks called the inner Hallidays with great hazard he expected some considerable reward whereupon on this deponent advised that they should meet on shore the Monday following to settle it amicably to which proposal they both consented. And this deponent thereupon left inferior custom house officers on Board as is usual to service the duties upon the cargos of all foreign ships coming into the port of Harwich. And this deponent further saith that on Tuesday the 21st day of January last Griffith DAVIES Esquire Collector of Customs at the Port of Harwich aforesaid sent the deponent and acquainted him that the said Samuel BEARY had requested him to detain the said schooner in Harwich Harbour until proper and equitable satisfaction should be made him for his services aforesaid. And that the said Samuel BEARY had put one of his own people on Board to take care of his interest in the said schooner and her cargo and directed this deponent to acquaint the inferior officers on Board that the schooner must not be permitted to sail until the salvage was settled and the said Samuel BEARY (if he should appear to be the salver thereof and of the cargo was satisfied. And this deponent further saith that on Wednesday the 5th day of February last this deponent being informed by inferior officers that the

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And schooner was prepared for sailing and this deponent perceiving the [?] [?] he this deponent with his boat crew went on Board the said schooner and requested William WILLIAMS the Master thereof that till he had orders from the Collector he could not permit the said schooner to sail whereupon the said William WILLIAMS said he would not which conversation passed civilly between this deponent and the said William WILLIAMS without any [?] or [?] on either side which would have been ineffectual for this deponent to have made as nether he or any of his men had any firearms with them. And this deponent further saith that  on the 12th day of February last the said Samuel BEARY in the afternoon came to this deponent and acquainted him that the said schooner was [?] in order to sail and desired this deponent to go along with him as [?] proper assistance to prevent her going out of the Harbour he being [?] and thereupon this deponent took only his boat crew with him consisting of six men and immediately on Boarding the said schooner this deponent told the pilot he must not weigh anchor and answering he was going so to do till he had further orders this Deponent and his Boat crew and the said Samuel BEARY returned into the Deponent’s Boat and was coming on shore but seeing the said William WILLIAMS with the John ELLET (and others) go on board the said schooner this deponent and his Company went again on board the said schooner when the  said Mr John [ELLET] more like a boatswain of a ship than attorney at law gave the word of command for the said schooner to be unmoored whereupon deponent told the said John ELLET she must not be unmoored who asked him by what authority whereupon the said Samuel BEARY replied by his authority as he was not satisfied for his services done then both the said William WILLIAMS and John ELLET said she should in spite of all opposition for that they five arms on board and should repel force by force but not caring to trust to [?] [?] they went down into the cabin and sent for this deponent and pulled out a brace of pistols and told this deponent they were loaded to which this   deponent answered that he was not afraid of pistol and that they might make use of them if they pleased for that this deponent and his [Rople?] notwithstanding they were without five arms or ammunition should do their duty whereupon the said John ELLET said that he would return on [Jane?] pretending to be in bodily fear. And this deponent left the said ship moored. And this deponent further saith that that a few days afterwards the said William WILLIAMS acquainted his deponent that he wanted to put

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The said schooner on shore in order to have her bottoms surveyed to which proposal this deponent not readily consented but offered the assistance of his boat and his boat crew  free from any expense to the said William WILLIAMS or his Owners.

T SHEARMAN

Sworn at Harwich in the county of Essex this 12th day of June in the year of Lord 1772 before me BW LONG Junior

Richard RANDFIELD Affidavit

Extract from National Archives file KB1/19/1

This document relates to Kings Bench case WILLIAMS v GRIFFITHS (1773) See list of related Affidavits and other background material

[The IMG references reference(s) are the number of the image taken when the document was copied]

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Richard RANDFIELD of the parish of Saint Nicholas in the Borough of Harwich in the County of Essex Victualler maketh Oath and saith that on Monday the 20th day of January last Mr Samuel BEARY Master of the Fishing Sloop called the Good Intent of Manningtree came into this deponents house known by the Sign of the Bell and told him this deponent that he had brought in a schooner and was informed by this deponent that the Master thereof used this Deponents House where upon the said Samuel BEARY acquainted this deponent that William WILLIAMS the Master of the said Schooner refused to satisfy him the said Samuel BEARY for his service then this deponent advised him to have it settled by arbitration. And on the said Samuel BEARY saying he was unacquainted with the proper persons for arbitration this deponent proposed Mr Nathaniel SAUNDERS and Mr John WHITING both persons of worth and ability and upon the said Samuel BEARY expressing his consent he this deponent went with the said Samuel BEARY to the Mr SAUNDERS who being asked to be an arbitrator answered he was not fond of such business but to oblige Mr BEARY would be one but before they went to any other this deponent advised the said Samuel BEARY to see the said William WILLIAMS to know whether he would refer it to arbitration and for that purpose went back to this deponents house and sent for the said William WILLIAMS and upon his coming in and setting down the said Samuel BEARY desired to settle with him offered to pay only half a Guinea and swore he would not give him a copper more which the said Samuel BEARY refused to accept but offered to leave it to arbitration which offer the said William WILLIAMS treated contempt and repeated he would not give him a copper.

Rich RANDFIELD

Sworn at Harwich in the County of Essex this 12th day of June in the year of our Lord 1772 before

Bw LONG junior  by Commission

William SHEARMAN Affidavit

Extract from National Archives file KB1/19/1

This document relates to Kings Bench case WILLIAMS v GRIFFITHS (1773) See list of related Affidavits and other background material

[The IMG references reference(s) are the number of the image taken when the document was copied]

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William SHEARMAN of the parish of Saint Nicholas in the Borough of Harwich in the County of Essex sail maker upon his oath saith that on Tuesday 21st day of January last he received an order in Writing signed by Samuel BEARY Master of the good fishing sloop called the Good Intent of Manningtree to act as his agent in regard to the schooner called the Unity of Philadelphia William WILLIAMS Master band her cargo then lately saved by the said Samuel BEARY and brought into Harwich Harbour. And this deponent further saith that on Wednesday the 22nd day of the same month he went in search of the said William WILLIAMS in order to endeavour to settle the salvage with him and after some enquiring found him doing business with Mr William ENSFER Notary Public and calling the said William WILLIAMS out this deponent told him he was come to make a demand for the service Mr BEARY had done in salvaging his ship and cargo to which the said William WILLIAMS answered I will not have it settled now it shall be settled in London or words to that effect then the said William WILLIAMS said [?] for what is your demand. To which this deponent answered as you won’t agree to it being settled here I won’t tell you my demand. And on the same day in the afternoon this deponent being at the of Robert GEORGE known by the sign of the Ship in Harwich aforesaid the said William WILLIAMS came to this deponent then and told this deponent he was come to settle the affair between Mr BEARY and himself to what this deponent replied that this deponent was willing to settle it with him where upon the said William WILLIAMS asked this deponent what was his demand for Mr BEARY and this deponent answering 50 guineas the said William WILLIAMS replied he thought fifty guineas  was too much to which this deponent answered that it was not too much and that he make no abatement then the said William WILLIAMS said to this deponent go with me to Mr HINES and I will pay you but I think it will be proper to have a notary public to draw up a receipt which this deponent consented to and went with the William WILLIAMS thither and they sent for the said Wm ENSFER who came directly and then the said William WILLIAMS had this deponent what was his demand for Mr BEARY which question this deponent answered fifty guineas for saving and bringing in your schooner and cargo or words to that effect which sum the said William WILLIAMS then refused to pay and told this deponent that he the said William WILLIAMS would not give him a copper. And this deponent further saith that on the 11th day of February Last Griffith DAVIES Esquire Collector of the Customs sent for this Deponent to the Guildhall in Harwich and when this deponent came there asked this deponent whether he would take Roger HINES as bail for the schooner to which question this deponent answered No I will not if Mr BEARY was here he might do as he pleased or in Words to that effect. Mr DAVIES then replied where is BEARY to which this deponent answered he is at home but that this deponent could have him here in four hours’ time Mr DAVIES then said send for him and this deponent immediately dispatched a horse and man for Mr BEARY and about the hour of nine in the evening Mr BEARY came to Harwich and went with this deponent to Mr

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DAVIES at his own house when Mr DAVIES asked Mr BEARY if he would take Roger HINES for bail to which Mr BEARY answered no I will not. And this deponent further saith that that he this deponent about half an hour after nine in the evening on the same 11th day of February last went with the said Samuel BEARY to the house of the said Roger HINES when finding the fore door shut and seeing there was a light within they rapped three times at the door before they gained admittance and then were put into a fore parlour and from thence [?] to the said William WILLIAMS (who they were infirmed was in the bar) to let him know that they wanted to speak with him to which message an answer was brought that Captain WILLIAMS was engaged in company and could not be spoke with whereupon this deponent desired the girl who brought the answer to return and tell the Captain that Mr BEARY hearing that he would bail his ship was come there to take the bail to which message the same girl after staying very long and the bell was rung for her) brought word that she had no answer to this deponent then desired to ask Captain WILLIAMS whether he this deponent and BEARY could speak with him to which last message she brought for answer that the Captain would not spoke with by anybody that night. And this deponent further saith that  the 12th day of February last in the evening he this deponent was at the House of Richard RANDFIELD Fisherman by the sign of Bell in Harwich in company with the said William ENSFER and Thomas BARNES and in the conversation between the said William ENSFER and Thomas BARNES he this deponent heard the said William ENSFER tell Thomas BARNES that in a protest he had witnessed and sworn to concerning the said schooner it was [?] that the pilot had ran the same ashore whereupon he this deponent heard the said Thomas BARNES declare that the said schooner was ashore some considerable time before Mr BEARY (‘who in the said protest was called a pilot) came on board. And that he the said Thomas BARNES had objected to swearing to the truth of the said protest on account of [?] being therein said that the pilot [?] ashore which description he thought had been [?] before he was sworn thereto. And also said that he had never before taken an oath that he should be very cautious about taking another wished he had not taken that which was untrue or used words to that effect. And also declared that the person on Board who first attempted to bring the said schooner into Harwich Harbour and could not bring the Lights on and consequently could not bring her in that they were very much bewildered and that great service was done by Mr BEARY in bringing in the vessel; and cargo both which (he believed) would otherwise been lost or words to that effect. And this deponent further saith that he and the said Samuel BEARY waited a few days longer than the thirty days mentioned in the statue of Queen Anne in hopes of the compliance of the said William WILLIAMS but

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[?] Samuel BEARY […] and this deponent on the 22nd day of February last went to Ipswich in order to request Humphrey RANT Esquire Recorder of the Borough of Harwich to sit as a [?] to adjust the salvage of the said schooner her cargo and crew but being told he was at [D..borough] in Norfolk they went immediately hither and requested of him to act in the said affair when Mr RANT told him he obliged to go to [?] distance upon particular business and would not attend Harwich saying at the same time there were more [?] [?] justices than himself and on the Name of James CLEMENTS Esquire (a Justice of the Peace for the County of Essex) being mentioned Mr RANT said he had been told that Mr CLEMENTS had declined. That if he was upon the adjudication he would allow BEARY but half a Guinea. And this deponent further saith after his return with the said Samuel BEARY to Harwich they on the 24th day of February last went to the Revd Doctor Maurice GOUGH at Wrabness a few miles from Harwich to request him to sit as a Justice for the adjustment of the reward for the saving of the said schooner her cargo and crew. And the said Doctor GOUGH asked this deponent and the said Samuel BEARY on what day who answered on the next Friday or what other day he pleased. And the then the said doctor GOUGH named Thursday and accordingly signed duplicate notice appointing the meeting of the Justices on the said affair to be on Thursday the 27th day of February 1772. And this deponent further saith that on his return with the said Samuel BEARY from Wrabness they waited on Joseph ORLIBAR Esquire Mayor and Griffith DAVIES esquire late Mayor and Justices of the Peace at Harwich with the same duplicate notices who signed the same which was delivered to Mr William ENSFER to be served on the contending parties. And this deponent further saith that on the 27th day of February last when the said last mentioned justices were [?] at the Inn known by the sign of the Three Cups in Harwich this deponent was attending there with the said Samuel BEARY and [?] in with him before the said Justices upon their calling for him in and just when they entered this deponent heard Mr John ELLET then before the said Justices complain of the shortness of the notice for that some of his witnesses were at London[..] the said Joseph ORILBAR esquire proposed to adjourn the meeting till he could produce such evidence which offer the said John ELLET accepting saying That he should produce no evidence before them but protested against all their proceedings but seeing that the said Samuel BEARY was there and about to be examined the said John ELLET took pen and ink and paper to make minutes which the Reverend Doctor GOUGH perceived. And told the said John ELLET that as he had protested against their proceedings he had no right to take minutes whereupon the said John ELLET replied if the justices required him to go out of the Room he would go and went out very soon after the Justices proceeded upon business. And this deponent further saith that that several hours afterwards in the evening of the same day this deponent being with the said Samuel BEARY in another room and hearing that the justices

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Had made their adjudication. And the said Mr BEARY being informed thereof he this deponent on the behalf of Mr BEARY [delivered?] a copy thereof which this deponent was promised and the next day being the 28th day of February last which copy he this deponent about noon delivered to the said William WILLIAMS at the House of Roger HINES known by the sign of the White Hart in Harwich and showed him the original (with which this deponent was in trusted for the purpose) And at the same time this deponent heard the said Samuel BEARY of the said William WILLIAMS the sum of one hundred and thirty pounds thereby adjudged unto him. And this deponent further saith that several times since the making of the adjudication as aforesaid and the reward of the sum adjudged and refused to be paid as aforesaid he this deponent hath been with the Samuel BEARY when he applied to the said Collector Griffith DAVIES Esquire and heard the said Samuel BEARY desire the said collector not to let the said schooner depart till the said salvage adjudged was paid to him. And this deponent saith that neither the said Samuel BEARY or this deponent on his behalf consent to any bail offered him before the 20th day of April last when this deponent on behalf of the said Samuel BEARY did accept of a Bond from the said William WILLIAMS and several persons in London who this deponent was informed was of ability in a penal sum payable to the said Samuel BEARY upon failure of the condition there under written. And immediately the said Bond being delivered, this deponent consented and the said Collector ordered the said schooner to be released.

Wm SHEARMAN

Sworn at Harwich in the County of Essex this 12th day of June 1772 before me BW LONG Junior

William ENEFER Affidavit

Extract from National Archives file KB1/19/1

This document relates to Kings Bench case WILLIAMS v GRIFFITHS (1773) See list of related Affidavits and other background material

[The IMG references reference(s) are the number of the image taken when the document was copied]

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William ENEFER of the parish of Saint Nicholas in the Borough of Harwich in the County of Essex Notary Public upon his oath saith that William WILLIAMS Master of the schooner called the Unity of Philadelphia applied to this deponent to draw up a protest on the 19th (being Sunday) and in the forenoon of the 20th day of January last gave this deponent minutes in writing for the same in which when he accounted for the proceedings of the schooner on Saturday the 18th day of January last he used these words and figures to the effect following

At 9 o’clock weighed with a small [?] at SSE and loadin for the land WNW at 10 O’clock made the Naze bearing WNW and Orfordness NNW sailing forwards deepened into the Kings Channel and hawled up [?] to the Wind being South to clear the Gunfleet steered West at 3  in the afternoon the weather proving very stormy a head Wind and the vessel in distress for want of a boom without which the vessel could not tack up the River [?] away for Harwich, at half past 4 agreed with a pilot to take charge of the vessel into port who ran her a ground upon a reef of rocks to me unknown where she laboured and [?] very much for upwards of half an hour when by the rising Tide and assistance of man and boat she got clear off the Rock and ran into the river before the town and there came safely to anchor

And this deponent further saith that on Sunday or Monday the 19th or 20th January last this deponent being in company with the said William WILLIAMS and a passenger or passengers he had brought from Hamburg heard the said William WILLIAMS declare it was fortunate for them they had got in as they had for that he verily believed if the vessel had been at anchor she must have foundered  and they must have all perished it being a very bad night which they the said passengers were no so sensible of on account of their being on shore. And this deponent further saith that on Monday the 20th day of January last in the Evening Mr Samuel BEARY Master of the fishing sloop Good Intent applied to this deponent to draw up a request to the Collector of the Customs in the port of Harwich which this deponent did in the words and figures to the effect following Worship Sir having on Saturday the 18th day of January instant in the afternoon (in thick stormy weather and the wind then blowing strong at SSE) fallen in with the Schooner vessel called the Unity belonging to Philadelphia and bound from Hamburg for London with a cargo of Sincow Whale Bone and other merchandise  goods as the said schooner was a shore upon the rocky ground called the inner Hallidays without the Harbour and being there in great danger of being lost having piloted the said schooner into and bought her to anchor in

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Safety in this harbour and the Captain or Master of he said schooner or vessel having refused to give me proper satisfaction for my service in so doing I humbly beg leave to request that your worthy Sir will be pleased to detain the said schooner in this Harbour until proper and equitable satisfaction be made me for my service in bringing in the said schooner and cargo as aforesaid in doing which you will greatly oblige [?] you most obedient and very humble servant Samuel BEARY Harwich January 20th 1772 the signing of which was of the proper hand writing of the said Samuel BEARY in the presence of this deponent who superscribed the same with the direction following (that is to say)

To Griffith DAVIES Esquire Collector of the Customs at Harwich. And this deponent saith that he attended the said Samuel BEARY with the said request and saw him deliver the same to the said Collector at his own house in Harwich. And this deponent further saith that on the 21st day of January last this deponent   took from the mouth of the said William WILLIAMS instructions for a protest against the said Collector of the Customs for detaining the said schooner which protest was [?] the next day and in the same note the following words “that that be this appearer hath several times offered to pay the pilot for his pilotage according to their agreement which he the said pilot hath as often refused to accept alleging that he is entitled to a much greater sum

And this deponent further saith that between the hours of three and four in the afternoon of the 22nd day of January last he was sent for and went to the house of Roger HINES known by the sign of the White Hart in Harwich and found there the William WILLIAMS Master of the said schooner there in Harwich Harbour And also Mr William SHEARMAN agent for the said Mr BEARY. And this deponent heard the said William WILLIAMS ask the said Mr SHEARMAN what was the demand of the said SAMUEL BEARY. And the said Mr SHEARMAN answered 50 guineas to which the demand of the said William WILLIAMS replied he would not give him a copper where the said Mr SHEARMAN asked why he had given him the trouble to come. And the said William WILLIAMS answered it was to have witnesses of his demand and of the refusal. And this deponent further saith that in the evening of the 12th day of February last at the house of Richard RANDFIELD known by the sign of the Bell this deponent heard Thomas BARNES one of the persons who attested the said protest of the said William WILLIAMS touching his voyage upon this deponent telling him from his draft what he had sworn to) declare that the said schooner was ashore some considerable time before Mr BEARY sent on Board. And that he the said Thomas BARNES had an objection to swearing the truth of the aforesaid protest on account of it being then said that the pilot ran her ashore and thought that expression had been altered before

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He swore thereto and said he had never taken an oath before should be very cautious how he took another wishes he had not taken that for it was not true or to that effect and further saith that the person who first attempted to bring the schooner into Harbour could not bring the lights on and therefore could not bring her in that they were greatly bewildered that Mr BEARY was of very great service in bringing in the vessel and cargo and (he believes) was the means of preventing them both being lost. And the deponent further saith that on the 24th day of February last the said Samuel BEARY accompanied by Mr William SHEARMAN sailmaker in Harwich brought to this deponent duplicates of a notice in the words and figures to the effect following

“Upon the complainant of Samuel BEARY Master of the Fishing Vessel employed with himself and his crew in and about saving of the schooner called the Unity of Philadelphia now lying in the [?] of the port of Harwich whereof William WILLIAMS is Master and the cargo thereof that he the said Samuel BEARY is not satisfied  for the service of himself his vessel and crew in and about the saving and bringing into Harwich Harbour the schooner and Cargo as aforesaid. We Joseph OLEBAR Esquire Mayor and Griffith DAVIES Esquire late Mayor of the Borough of Harwich in the County of Essex next unto the port of Harwich aforesaid being Justices of the Peace in and for the said Borough and Maurice GOUGH Doctor in Divinity and one of His Majesty’s Justices of the Peace for the county of Essex residing near unto the sais Port of Harwich authorised to adjust the question of the monies or gratuities for Recompense or Reward to the persons employed with the  said Fishing Vessel in the Saving of the said Schooner and Cargo and in the care thereof do hereby give notice that we intend to meet on Thursday the 27th day of February instant between the hours of ten and eleven in the forenoon  known by the sign of three Cups in the Parish  of Saint Nicholas in the said Borough to hear all parties that will attend and such evidence as they shall respectively produce and make such adjustments and adjudications in the premises as we shall think just and equitable. Witness our Hands 24th day February in the year of our Lord 1772 which duplicate [?] this deponent is informed and believes were each signed by J ORLIBAR Esquire Mayor Griffith DAVIES Esquire and the Reverend Doctor GOUGH one of which duplicates this deponents about five o’clock in the evening delivered to the said William WILLIAMS at the fore door of Mr John TURNER ship Builder in Harwich.

Wm ENEFER

Sworn at Ipswich in the County of Suffolk this 13th day of June before me Bw LONG Junior By commission

Daniel MACQUIRE Affidavit

Extract from National Archives file KB1/19/1

This document relates to Kings Bench case WILLIAMS v GRIFFITHS (1773) See list of related Affidavits and other background material

[The IMG references reference(s) are the number of the image taken when the document was copied]

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Daniel MACQUIRE aged 19 of Manningtree in the County of Essex Fisherman upon his oath saith that on Saturday the 18th day of January last past this deponent was with his Master in the fishing sloop called the Good Intent of Manningtree sailing down  the Wallet and discovered a wreck on the Cork sand  and soon afterwards in the afternoon discovered a schooner steering toward Handfleet Water instead of Harwich and her ensign being but the said fishing sloop went to her when William WILLLIAMS the Master of the said schooner inquired the course into Harwich Harbour and asked what they would to steer before him when this examinant’s Master asked him half a guinea whereupon the said William WILLIAMS offered a crown which being refused the sails of the said Fishing sloop were set to off towards the wreck they had before discovered on the cork whereupon the schooner waived another signal and the fishing sloop was immediately put about and brought to the schooner. And the said deponents Master bid them follow the said sloop and made the direct course for the harbour of Harwich when the schooner instead of following the said fishing sloop went four or five points to the seaward and in about a quarter of an hour the said schooner being on the Rocks called the inner Hallidays made another signal which this deponent took to be signal of distress whereupon the said fishing sloop directly went to her assistance and this deponent with his said Master went on board the said schooner at the request of the said William WILLIAMS and afterwards this deponent with the said Master went in the boat belonging to the said fishing sloop round the schooner sounding the depths of water and went again on board soon after she was got off the rocks this deponent ‘s Master having first acquainted the said William WILLIAMS that she might be got off without the help of an anchor as the board lay on the long side of this deponent’s Master bade the said William WILLIAMS hoist his jeb and afterwards in less than 10 minutes this deponent got on board and saw his Master at the Helm which he kept. And this deponent went kept the lead continually sounding and called out the depths of Water till the said schooner got into the chops of Harwich Harbour and in about half an hour this deponent’s Master brought her up to anchor against the town of Harwich.

And this deponent further saith that he well remembers that when the said schooner was leaving the said fishing sloop and going off towards the said rocks this deponents said Master waived the speaking trumpet as well as called to the Master of the schooner that he was going wrong. But this deponents Master was disregarded by the Master and crew of the said schooner until they found themselves in danger by the said schooner striking on the said rocks called the inner Holidays.

The mark of Daniel MACQUIRE

Sworn at Colchester in the said County of Essex this 26th day of May 1772 before me Thomas DANIEL 

 

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Daniel MACQUIRE aged 19 of Manningtree in the County of Essex Fisherman upon his oath saith that on Saturday the 18th day of January last past this deponent was with his Master in the fishing sloop called the Good Intent of Manningtree sailing down  the Wallet and discovered a wreck on the Cork sand  and soon afterwards in the afternoon discovered a schooner steering toward Handfleet Water instead of Harwich and her ensign being but the said fishing sloop went to her when William WILLLIAMS the Master of the said schooner inquired the course into Harwich Harbour and asked what they would to steer before him when this examinant’s Master asked him half a guinea whereupon the said William WILLIAMS offered a crown which being refused the sails of the said Fishing sloop were set to off towards the wreck they had before discovered on the cork whereupon the schooner waived another signal and the fishing sloop was immediately put about and brought to the schooner. And the said deponents Master bid them follow the said sloop and made the direct course for the harbour of Harwich when the schooner instead of following the said fishing sloop went four or five points to the seaward and in about a quarter of an hour the said schooner being on the Rocks called the inner Hallidays made another signal which this deponent took to be signal of distress whereupon the said fishing sloop directly went to her assistance and this deponent with his said Master went on board the said schooner at the request of the said William WILLIAMS and afterwards this deponent with the said Master went in the boat belonging to the said fishing sloop round the schooner sounding the depths of water and went again on board soon after she was got off the rocks this deponent ‘s Master having first acquainted the said William WILLIAMS that she might be got off without the help of an anchor as the board lay on the long side of this deponent’s Master bade the said William WILLIAMS hoist his jeb and afterwards in less than 10 minutes this deponent got on board and saw his Master at the Helm which he kept. And this deponent went kept the lead continually sounding and called out the depths of Water till the said schooner got into the chops of Harwich Harbour and in about half an hour this deponent’s Master brought her up to anchor against the town of Harwich.

And this deponent further saith that he well remembers that when the said schooner was leaving the said fishing sloop and going off towards the said rocks this deponents said Master waived the speaking trumpet as well as called to the Master of the schooner that he was going wrong. But this deponents Master was disregarded by the Master and crew of the said schooner until they found themselves in danger by the said schooner striking on the said rocks called the inner Holidays.

The mark of Daniel MACQUIRE

Sworn at Colchester in the said County of Essex this 26th day of May 1772 before me Thomas DANIEL