E133/61/12 Grove v Bateman

Posted on by

National Archives File E133/61/12

[IMG_0638]

BARONS DEPSOITIONS DATE 1719 GROVE V BATEMAN

Deposition of witnesses taken before the Hon’ble St James MONTAGU Knt one of the Barons of His Majesty’s Court of Exchequer at Westminster in a cause depending in the Exchequer Chamber there wherein Thomas GROVE is Complainant and Nathaniel BATEMAN is defendant for and on the behalf of the said Complaint.

Jonas MOTTS of Wapping in the parish of Stepney in the County of Middlesex Mariner aged about 68 years and upwards sworn and examined the 22nd day of June 1719 on the part and behalf of the said Complainant deposits and saith as follows

1 To the first Interrogatory this deponent saith that he doth know the Compliant and has known for about 12 months but does not know the defendant.

2 To the second Interrogatory this deponent saith that in July last to the best of this deponent’s remembrance he being master of the ship or vessel called the Betty Gally was a Christiana in Norway at which time the ship called the Catchpoole was brought up [?] without a main mast by the Danes of Which said ship was of the [Barthen?] of four hundred tons and saith that the said Danes in bringing up the said ship the Catchpoole to Christina as aforesaid they [?] upon a rock which so shattered her and made her so leaky that she could not be kept dry her pumps in so much that she was forced to be unladen and [?] all which was done at the expense and charges of the Complainant and saith that seven pounds per month is the usual and customary wages allowed to Masters of such ships or vessels in such voyages and further saith that the said Complainant is a master or commander of such a ship further saith not to his [?]

3 & 4 To the third and and fourth interrogatories this deponent saith that during the time that the said ship the Catchpoole was at Christiana as aforesaid he this deponent whose ship lay side by side with the said ship. Jonas MOTTS.

[?] Catchpoole did see goods stores and provisions come on board of the said ship and people often working therein which were all provided and paid for by the Complainant as this deponent verily believes and saith that he hath seen and diligently [perused?] the paper  writing now produced and shown unto him at this the time of his examination entitled an account of money received and disbursed by Thomas GROVE at Christiania in Norway for and on the account of the ship called the Alteration – being the same ship and saith that the several sums of money therein charged [?] by the said Complainant for the use of said […]  rates and charges to the several [?] items therein contained are all of them very reasonable may this deponent is of opinion that the said Complainant hath rather wronged himself by undercharging then anybody else by overcharging this deponent having paid more himself for some particular things mentioned in the said Account which he had occasion for in his Ship at the same time and place and further saith not to the several other matters equired after in these interrogatories.

  1. To the fifth interrogatory this deponent saith that when the said ship the Catchpole was brought up to Christiania as aforesaid she had lost her main mast and was very much damaged in her hull by her striking upon a rock through the negligence or ignorance of the said Danes who brought her up [?] as before set forth.
  2. To the sixth interrogatory this deponent saith that it is a constant custom for merchants and others freighters of merchandise ships to pay and allow to the Master of such ships a sum of money sometimes more and sometimes less as shall be agreed between the said freighters and Masters for and in respect of all goods and merchandise as shipped or board such ships or vessels which is called a Captaken or Capleagon and saith that the same doth always belong of right to such Masters over and above the freight paid for such goods and no merchant ever refuseth to pay the same the said Masters.
  3. To the eighth interrogatory this deponent saith that sometime about September last to the best of this deponent’s remembrance.

Jonas MOTTS

[Next Page]

[…] the Catchpoole and Cargo were condemned as prize in the Admiralty Court at Christiania aforesaid against which condemnation the Complainant appealed to the Admiralty Court at Copenhagen and employed a [?] there where against ship and cargo were[…]  discharged but what the sad Complainant paid his said [Promeator?] or what his expense might be in and about that affair he this deponent cannot say but saith that sometime before that he this deponent ‘ ship and cargo were condemned in the said Admiralty Court as prize at Christiana from [which?] said Condemnation this deponent likewise appealed to the Admiralty at Copenhagen aforesaid where this deponent had his ship discharged but this deponent was forced to leave his cargo at Christiana the expenses and charges [?] cost his account above two hundred dollars and this deponent cannot but think that affairs must cost the Compliant a great deal more money.

Jonas MOTTS.

[The pervious part of this deposition is missing]

[Next Page]

[…] Interrogatory this deponent saith that when the said ship the Catchpoole set sail from Gottenburg in order to return to England under the Complainants command she by [?] of weather in a storm lost her main mast and all her rigging and in order to regain those losses put into a little port call Hillberk in Sweden and whilst the said ship was in that little port a Danish Ship came into the said Port and took the said ship the Catchpoole and put Danish Officers on board her who [?] the said ship the Catchpoole and all her crew to Christiania in Norway in which passage the said ship the Catchpoole be run upon a rock (being then the command of the said Danish Officer) by reason whereof she proved leaky and took in water all which damages so sustained and suffered by the said ship the Catchpoole were repaired and made good at the charge and expense of the Complainant during the time that  the said ship the Catchpoole continued at Christiana.

  1. To the sixth interrogatory this deponent saith that it is always customary for merchants or other freighters of shipping to allow and pay to the Master or Commander of such ships a certain sum of money which goes under the denomination of Captaken or Capleagon which is sometimes more and sometimes less according to the nature and quantity of the goods and merchandise se shipped on board and no other person ever made ant demand of or claimed any right or title to the same but the Master or Commander of such Ship.

George BANNISTER [or BANNISZER]

 

[IMG_0642]

[?] GWENE of the parish of St John Wapping in the County of Middlesex Mariner aged 23 years or thereabouts sworn and examined the 20th day of October 1719 on the part and behalf of the Complainant deponent and saith as follows

  1. To the First interrogatory this deponent saith he doth know both the Complainant and the defendant and hath known the Complainant about twelve months and the defendant about eight months.
  2. To the second interrogatory this deponent saith that he doth know the ship or vessel lately called the Catchpoole and now called the Alteration (as this deponent hath heard in this [?] [?] after) which said ship is a vessel of [?] four hundred ton and this deponent hath heard that the Complainant is a Port owner of the said ship and hath a sixteenth part of her but this deponent doth not know who are the other part owners of the said ship and further saith that the said complainant about three years ago [was Master or ?] Commander of the said ship but for how long time this deponent cannot certainly set forth but saith that for and during the time that the said Complainant was Master or Commander of the said ship two or three voyages to Gottenburg in Denmark and some ports in Norway. And this deponent further saith that the usual rate for wages given by owners of such ships of the like burthen with the said ship the Catchpole to the Masters or Commanders of such ships in such voyages is six pounds per month and this deponent doth believe that the Complainant might deserve more which this deponent can the better say because he hath been commander of a ship that made several voyages to Gottenburg aforesaid under this deponents Command of a Loss burhen then the said ship the Catchpole and was allowed and paid by the owners of his ship in those voyages after the rate of six pounds per month for his wages and this deponent further saith that he doth believe the complainant to be a person experienced in the art of navigation and every way qualified to navigate such a ship in such a voyage as Master or Commander of her and further saith not to this interrogatory.6. To the sixth interrogatory this deponent saith that it is customary for merchants and other freighters of merchandise ships or vessels to pay to the Masters of such ships or vessels for the merchandise on board, a crown and half for the same which is a permission purely belonging to the Master of such ships and not to the owners which said permission is known by the captaken or Capleagon and this deponent further saith that there is another [?] called Primage where is six pence against loss for all merchandise put on board such ship which entirely belongs to the Master of such ship and to the [?] of the same.

[?] GWENE

[IMG_0643]

[End of page]

[?] William LOCKE of the [?] Shadwell [near?] the Tower of London, [?] aged 24 years or thereabouts, sworn and examined the 20th day November 1719 on the part and behalf of the Complainant deponent and saith as follows

To the Third interrogatory  this deponent saith that he as an attorney being employed by one Druolory DRUM a mariner on board the ship the Catchpoole or Alteration in this interrogatory mentioned, to sue the Complainant GROVE as Master of the said Ship for the sum of eleven pounds and eighteen shillings for wages due to him the said DRUM he this deponent in order to get the said money desired the said DRUM to go down to the Complainant with this deponent to prevail upon said Complainant to pay the money without any [?] upon which the said Complainant gave DRUM a note under his hand for payment of the said Eleven pounds and Eighteen Shillings and within a small time after the said note was given the said DRUM told this deponent that the Complainant GROVE had paid him the money due  upon the said not and satisfied this deponent for his trouble and further saith not to the several other matters enquired after in this interrogatory.

7. To the seventh interrogatory this deponent saith that he hath seen and perused the paper writing now produced and showed unto him at this the time of his examination bearing date at Christiana the 26th November 1717 and signed Henry BOITT purporting to be a [?] given by him the said Henry BOITT to the said Complaint Thomas GROVE and saith that the same is all of the proper handwriting of him the said Henry BOITT (as this deponent verily believes, he being very well acquainted with the Hand Writing of him the said Henry BOITT and having often seen him write and particularly his name and further saith not to the several other matters enquired after in this interrogatory.W LOCKE.

[End of Page]

[?] Peter VONDEN of Falmouth Street in the parish of Shadwell in the County of Middlesex, Rigger aged 40 years and upwards sworn and examined on the 20th day of November 1719 on the part and behalf of the Complainants deponeth and saith as follows

  1. To the first interrogatory this deponent saith that he doth know both the Compliant and defendant and hath known them severally for about sixteen months.
  2. To the second interrogatory this deponent saith that he both know the ship or vessel lately called the Catchpoole but now called the Alteration (in the Interrogatory  word after) which is of about the burthen of three hundred and fifty tons of which said ship or vessel the Compliant was Commander or Master and (as this deponent believes) was likewise a part owner of the same during the whole time that this deponent belonged to her which was for about the space of six months which expired about 10 months ago but when he first became Master of the said ship this deponent cannot set forth but saith that during the time that this deponent belonged to the said ship as aforesaid she made two voyages to Christiania in Norway under the command of the said Complainant and further saith that the usual or customary rate for wages of the masters or commanders of ships of the like burthen with the said ship the Catchpoole is seven pounds per month and saith that the Complainant is a person well skilled in the art of Navigation and every way qualified to navigate a ship of that burthen in such like or any other voyage.
  3. 4. To the third and fourth interrogatories this deponent saith that the Complainant did find and provide several quantities of stores provisions materials and necessaries for the said ship the Catchpoole now the Alternation in the time before mentioned voyages to the amount of a considerable sum of money and saith hat he hath seen and perused the paper writing now produced and shown unto him at the time of his examination purporting to be an account of necessaries and provisions furnished and provided by the Complainant Thomas GROVE for the ship formerly called the Catchpoole now called the Alteration in and upon account of two voyages to Norway and of moneys by him paid and expended upon the same account. And saith that the several matters and things in the several [forms?]  therein expressed were [?] by the said Complainant for the use of the said and ship’s crew  and the moneys therein  mentioned and expressed to be paid for the same were so paid and satisfied by the Complainant All except the first item which is for three barrels of beer and for beef and several other necessaries for the ship 3:18:6 which this deponent knows nothing of but believes the same to be charged in some  other voyage when this deponent was not in the said ship And saith that the several prices set down [?] to other several items contained in the said paper writing are usual and common prices and rates paid for such matters and things at the several and respective times and places therein set forth to the best of this deponents judgement.[Next Page]    [IMG_0646]John HARVEY lodging at the Sign of South Shields at the end of Fox lane in Wapping Mariner aged 17 years or thereabouts sworn and examined the 14th day December 1719 on the part and be behalf of the Compliant deponeth and saith as followeth

Peter VONDEN his mark.

[Next Page]

6. To the sixth interrogatory this deponent saith that it is a usual and customary thing […] freighters of merchandise shippers to allow certain [perqualifier?] to the Master or Commander of such ship over and above the freight for the same and further saith not to this interrogatory.

[…] interrogation this deponent saith that when he first came […] the Catchpoole she wanted her main Mast which this deponent was told she had lost in a former voyage to Gottenburg in Denmark and this deponent helped to put the new main mast in at which time the Compliant was Master or Commander of the said ship and shipped this deponent on board the said ship and further saith not to this interrogatory.

Peter VONDEN His Mark

[IMG_0645]

To the first interrogatory this deponent saith that he doth know the Complainant and hath known him for about three years last past doth likewise know the defendant and hath known him about two years.

  1. To the second Interrogatory this deponent saith that he doth know the ship or vessel lately called the Catchpoole but now called Alteration (in this Interrogatory enquired after)  which is a ship of upwards of three hundred tons which this deponent ran the better say because he going a Gunners Boy on board a French ship which went from St Malo in France to Gottenburg the said French ship and cargo were there sold and this deponent discharged by reason whereof he this deponent wanted a passage from thence into England and was admitted as a [?] on board the said ship the Catchpoole for that purpose […] but in the passage home to England the said ship the Catchpoole having lost her main mast by bad weather was forced to put in at a port in Sweden (but this deponent hath forgotten the name of the said port) at which time a Danish Galley came and took the said ship the Catchpoole as prize and carried her up to Christiania in Norway and during the time that the said ship the Catchpole staid there this deponent was [?] on board the said ship as a servant to the Compliant and came home to England in that capacity in the said ship the Catchpoole   and in the same station did make another voyage in the said ship the Catchpoole to a place called Christian Sands in Norway and came back again to England in the same ship in the same station and saith that the whole time that this deponent was on board the said ship the Catchpoole as aforesaid was about fourteen months during which time the said Complainant was Captain or Commander of the said ship the Catchpoole now called the Alteration as aforesaid but when first he became for or how long he contained so after this deponent leaving the said ship this deponent cannot set forth and this deponent further saith that the defendant BATEMAN was

JOHN HARVEY his mark

[Next Page]

[IMG_0647]

 

[….] part owners of the said ship the Catchpoole but also were [there?] others this deponent doth not know and saith that the Complainant is a person well skilled and experienced in the art of navigation and every way qualified to sail and navigate any ship of the like burthen with the said ship the Catchpoole in the before mentioned or any other such like voyages to the best of this deponent’s judgement and further saith not to the several other matters particularly enquired after in the interrogatory.

  1. To the fifth interrogatory this deponent cannot depose further than what is set forth in his deposition to the second interrogatory.
  2. To the ninth and last interrogatory this deponent saith he never [received?] any sum of money whatsoever from the defendant BATEMAN upon account of wages for his this deponents service on board the said ship the Catchpoole now called the Alteration or upon any other account whatsoever either directly or indirectly.

John HARVEY his mark.

[Next Page]

[IMG_0648]

William LAMBLEY of [?] in the county of Suffolk mariner aged [74?] years or thereabouts sworn and examined the 21st day December 1719 on the part and be behalf of the Compliant deponeth and saith as followeth

  1. To the first interrogatory this deponent saith that he doth know both the Complainant and Defendant and known the Compliant near twenty years and the defendant since his childhood.
  2. To the second interrogatory this deponent saith that he doth know the ship or vessel lately called the Catchpole and now called the Alteration (in this interrogatory enquired after)   which of the burthen of about four hundred tons. And saith that about three years ago this deponent being carried from England to Christiania in Norway was there [?] on board the said vessel or ship called the Catchpoole now the Alteration as afore mentioned but the certain times this deponent cannot set forth and continued on board the said ship in her voyage home from Christiana aforesaid to England and also in another voyage from England to Post ground in Norway and back again both which voyages continued for the space of three months and upwards during which whole this deponent looked upon the Compliant GROVE to be the Master and Commander of the said ship and nobody else and saith that the said complainant GROVE is a person well skilled in the art of navigation and every way qualified to sail or navigate any ship or vessel of the like burthen with the before mentioned ship in that or any other voyages whatsoever and further saith not to this integratory.

 

  1. And 4. To the third and fourth interrogatories this deponent saith that the Complainant did provide and furnish several stores provisions and necessaries for the before mentioned voyages in which this deponent was employed on board as aforesaid and saith that he hath perused the paper writing now produced and showed unto hum at this the time of his examination and that the same doth contain an account of monies paid for seamen’s wages and otherwise by the Complainant for and on the account of the ship called the Catchpoole als Alteration and also of supply and other necessaries furnished and provided by the by the [?] for the [?] ship by the Complainant in the said [?] before mentioned voyage and saith that each and every of the particular items mentions and expressed in the before mentioned paper were provided and paid by the Complainant for the said ship’s use and service as this deponent verily believes and saith that the several sums of money set down and charged against every particular item in the said paper writing were paid by the complainant as therein is set forth and that the rates and prices therein expressed are usual and reasonable rates for such work done or stores provided as were paid at the times and places therein  specified and further saith not unto the several other matters particularly enquired after in these interrogatories.

William LAMBLY his mark

[Next Page]

[IMG_0649]

To the [?] this deponent saith that in the said ships return from Christiana in Norway aforesaid to England being the fifth voyage that this deponent was employed on board her she happened to have a violent storm fall upon her hear a place called the Dogger in which she lost her main Mast and sails and all of rig belonging to it at which time the Compliant was Master or Commander as before set forth.

William LAMBLEY his mark

[Next Page] [IMG_0651]

Interrogatories to be administered to Witness to be produced sworn and examined on the part and behalf of Thomas GROVE Complainant against Nathaniel BATEMAN defendant

Imprimis

  1. Do you know the parties Complainant and Defendant in the title of the interrogatory named or either and which of them and how long have you known them or either and which of them. Declare the truth according to the best of your knowledge.
  2. Item. Do you know the ship or vessel lately called the Catchpoole and now called the Alteration in this cause and  of what burthen is the said ship or vessel and who by name is the owner or are the part owners of the same ship and who by name now is and since the seventh day of February in the year of our Lord 1716 have or hath been master or Masters or Commander or Commanders of the same ship and for how long time ; and the time when they respectively first were or become first Masters thereof; and how and upon what occasion and what voyage or voyages hath the same ship made and to what port or ports and where beyond the seas and under whose command at any time or times and when within the space of three years last past; and how much per month is the usual or customary rate for wages to be given or paid by owners of ships of the like burthen with the said ship; to the Masters of such ships employed in voyages to Christiana in Norway and Gothenburg in Denmark or other parts thereabouts.    And whether or not is the said Complainant well skilled and experienced in the Art of Navigation and qualified to sail or navigate a ship or vessel of such burthen as the ship aforesaid as Mast or Commander thereof upon such like voyages as aforesaid. As you know have heard or do believe Declare.
  3. Do you know of any and what stores provisions work materials or necessaries that have at any time or times and the particular times when and where have been found done provided furnished or delivered and by what and whom for the use or on account of the said ship or vessel the Catchpoole or Alteration in the proceeding interrogatory mentioned; or in or about the fitting repairing or out setting of the said ship or vessel. And do you know of any and what sum or sums of money that have or hath at any time or times and the particular times when and place where, been paid or laid out disbursed or expended by the Complainant as Master of the said ship and ship’s Crew or in or about the repair amending fitting or outset of the said ship or for seamen’s wages or any otherwise for the use or enjoyment of the said ship. As you know have heard or do believe Declare.
  4. Item. Have you seen and perused the paper writings or account now produced and shown unto you at the time of this your examination and do you know or believe that all or any and which of the several sums of money therein mentioned set down and charged were out paid or expended by the Complainant or by his Order for the use or service of the said ship in the preceding interrogatory named for or on account of the several matters and things as the same are in the said account therein mentioned or charged to be paid and is or and the rates prices and sums of money therein charged or any and which of them the usual and reasonable rates and prices or such as at the times and places of payment thereof was or were  then usually paid for such Goods Stores work matters and things as are therein set down and charged  Declare the same according to the best of your knowledge or belief thereof together with the reasons of such your belief thereof.
  5. Do you know or have you heard that the said ship or vessel in the preceding interrogatory named did at any time or times and when and where during the time that the said ship was out upon any voyage or voyages suffer any and what damage in her hull masts rigging or otherwise and how by storm tempest [?] of weather and who by name was the Master or Commander thereof at the time or times when the said ship or vessel had or received any such damage as aforesaid Declare.
  6. Item. Is it customary for merchants or others freighters of merchandise ships or vessels to pay the Master of such ships or vessels any and what sum of money or to make any other and what allowances to such Masters under the denomination of Captaken or Capleagen for or in respect of and what goods or merchandise shipped on board such ships or vessels at freight over and above the freight for the same goods. And to whom such perquisite or customary allowance called Captaken or Capleagen belong or is usually paid or given unto. As you have heard or do believe declare.
  7. Item.  Have you seen and perused the […] the time of your examination, are you acquainted with the manor and character of the hand writing of all or any and which of the parties whose names are subscribed or set to the said paper writings or receipts or any and which of them. If yes is or are the name or names of such parties so respectively set to all or any name or names the same purports to be as you know or believe.
  8. Item. Waa the ship called the Catchpoole in the preceding interrogatory mentioned at any time and when considered as prize [?] Court and in what place beyond the seas did the said Complainant as you know or believe employ any [pro?] or any other person and when to appeal against such Condemnation and carry on the proceedings thereon. Did this Complainant pay to such person as was so employed by him any and what sum or sums of money on that account or what might the expense of such appeal and proceedings thereon amount unto as you know or believe. And did you ever employ any such promator or any other person and when and where to appeal against the Condemnation of any and what ship and  what sum or sums of money did you pay to such person so by you employed for the same and what sum of money is usually expended on such occasions. Declare what you know have heard or believe relating to the matters enquired of in this Interrogatory with your reasons for the same.

Item. What other matter or thing do you know or can depose that will make for the benefit and advantage of the Complainant in this cause. Declare.

[end]

Jonas MOTTS jurat […] [January?] 1719

Georgius BANNISTER jurat […] July 1719

Willus GWENE […] 1719

Jeremias Gulies LOCKE Petrus VONDON […]

Johes HARVEY jurat […] 1719

Willus LAMBLEY jurat […] 1719

GROVE v BATEMAN 1719