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11 Feb. 1653. |
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Vol. G |
No. or p. |
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Nich. Nagle, merchant, petitions the Navy Committee. By an
order of the Council of State of 30 Oct. 1651, letters of reprizal
were granted to Rich. Pettingall, administrator of Robert and
Wm. Paulet, to obtain reparation for the Dove of Minehead,
and goods worth 20,970l., of which, in Jan. 1631, Rob. Paulet
was particularly robbed by a man-of-war of Rotterdam. Can
discover the State's right to ¼ of this. By those letters,
Pettingall has taken prizes value 30,000l. beyond the sum
limited in them, which overplus should also belong to the State.
Will prosecute the discovery at his own cost, if he may have
a reasonable share out of the premises due to the State. |
136 |
563 |
|
11 Feb. 1653. Order in the Navy Committee that one fourth be
allowed him as his share of what he shall discover. |
136 |
565 |
|
30 March. Case referred by that Committee to the Committee
for Compounding, to examine all particulars of the discovery,
and report thereon to the Navy Committee. |
136 |
561 |
INF. 136 575
NOTE 136 571
–573 |
27 April. Nagle petitions the Committee for Compounding for
speedy examination and summons of witnesses; the estate in
question belongs to Sir Pierce Crosby, who died 6 years ago
in Ireland, in arms against Parliament. Begs a summons for
those who can prove his delinquency in Ireland, and his estate
in England. |
136 |
559
568 |
|
27 April. Summons for 6 persons to appear for the State against
Pettingall. |
25 |
52 |
|
4 May. Allan Boteler petitions that 3 years ago, by a petition delivered in by his Excellency to the Council of
State, he discovered the State's interest in Sir Pierce
Crosby's ¼ part, with himself and Robert and Wm. Paulet, in
a depredation committed by Cornelius Kint of Rotterdam;
has prosecuted it at great expense against Rich. Pettingall,
Hugh Gamlyn, and other "unsufferable deceivers," and has
now resigned the prosecution to Mr. Nagle, and it is ready for
publication. Could have compounded for it long since, but
would not deliver up the indenture. Begs for his services to
receive an equal portion with the State, and protection from
arrest till it is determined, or a request for it to the Council of
State, for leave to take care of himself. |
82 |
765 |
|
4 May 1653. Protection for 7 days granted by the Committee for
Compounding. |
25 |
58 |
O.C. 25 85, 95 |
19 May. Renewed to 15 June, that he may fetch the deeds and
writings, and find out other papers, and go to his Counsel on
that business, but no other. |
25 |
72 |
O.C. 25 87 |
24 May. Other witnesses to be examined as to Crosby's delinquency and this discovery. |
25 |
77 |
E.W. 25 87 |
31 May. The Committee for Compounding request from the
Admiralty Committee copies of all orders of the Council of
State relating to the letters of reprizal of Rich. Pettingall
against the Dutch, or of Isaac Phillips against the French; also
returns of the ships, where bound, their names, appraisement
when freed, and copies of all particulars relating to them; the
bearer to pay the fees. |
25 |
87 |
|
30 Aug. Publication to pass if Pettingall show not cause to the
contrary. |
25 |
180 |
|
14 Sept. John Stephens begs to prosecute the discovery of
Nagle, who was imprisoned, consumed his estate, and lost
his life therein. Was intrusted in the business by him and
his wife, has the papers, and will act for the wife. Nagle
found papers in the Excise Office at Portsmouth, conducing to
the business, and declared that Pettingall, Phillipps, Hugh
Gamlyn, and others have taken a rich ship laden with wheat,
&c., now at Portsmouth, and never accounted for it, and sold
the goods to James Napper, of Weymouth. Begs copies of
these writings, the seizure of the ship, and the securing of
the principal persons. |
120 |
103 |
|
14 Sept. Stephens admitted as discoverer, and he is to have copies
of the writings relating thereto in the Excise; the Customs'
officers at Portsmouth, at Southampton, and in the Isle of
Wight, are to deliver him copies thereof without fee, being for
the State. |
25 |
202 |
|
27 Sept. Sir Allan Boteler's (sic) protection renewed for 21 days |
25 |
210 |
|
26 Oct. Order to the clerks and officers of customs to deliver to
John Stephens, who is prosecuting a discovery of ships and goods
belonging to Crosby, copies of all entries in their books, or
returned from Dover, Dartmouth, Plymouth, Poole, &c., relating thereto. |
25 |
234 |
|
28 Feb. 1654. Stephens having procured the said papers, for
completion of the discovery, begs an order to Pettingall to
bring in bills of lading, charter-parties, cockets and inventories of all the ships taken by him from the Dutch. Noted
to be read to-morrow. |
120 |
98 |
|
1 March. Brereton to report verbally, after perusing the papers,
as to how the case should be proceeded in. |
25 |
204 |
O.C. 25 322 |
23 March. Order that Pettingall bring in the required papers by
5 April, and that the prosecutor summon witnesses. |
25 |
322 |
|
6 April. Witnesses summoned for examination as to the goods
and ships which Pettingall took from the Dutch, by virtue of
letters of marque granted him by the Council of State. |
27 |
4 |
|
25 April 1654. Pettingall replies that he has not the papers in his
custody, as all such are deposited in the Admiralty Court. |
136 |
555 |
|
25 April. Order that he appear before the Committee for Compounding to be examined on oath. |
27 |
36 |
|
17 May. Stephens petitions the Protector, detailing the case, and
begging an order to the Committee for Compounding to proceed in hearing the business, and to report it to him. Granted. |
120 |
95
91 |
|
15 June. Order in the Committee for Compounding for examination of witnesses, Pettingall to have notice, and liberty to crossexamine. |
27
120 |
74
89 |
O.C. 27 99
D.136 558, 570 |
21 July. At Stephens' request, publication ordered, unless
Pettingall show cause to the contrary. |
27 |
97 |
D. 136 552–554 |
3 Aug. Publication postponed a month, on deposition that
Pettingall is dangerously sick. |
27
136 |
107
551 |
|
24 Oct. Stephens pressing publication, in order that a report may
be drawn up for the Protector, but Pettingall having died, and
Anne his widow begging stay, it is respited for a month. |
27 |
146 |
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31 Oct. Publication ordered, and a report to be drawn up for the
Protector, and notice to be given in the report, if it appear that
no depositions have been taken on Pettingall's side. |
27
120 |
150
93 |
|
4 Nov. John Marston urges, on behalf of Anne, widow of Rich.
Pettingall, that her husband was only administrator of the
Paulets to pay their debts, which are yet unpaid. That if
anything be demanded as owing to Sir Pierce Crosby, it is
pardoned by the general Act of Pardon. That neither she,
nor her husband, are concerned in debts due to Crosby. Begs
the benefit of the law,—an information on the case having
been given into the Court of Exchequer, and not determined,
whereupon the Admiralty Court forbore to Act. If a report
be presented to the Protector, he begs that this answer may go
with it. |
136 |
547
549 |
O. 27 260
NOTE 120 71,72
R. 120 73 |
12 Dec. The papers in the case delivered by Thos. Yate to the
examiner to be delivered to Brereton to report, and then returned to Yate. |
27 |
207 |
R. 29 36 |
15 May 1655. Order on Brerton's report and Mrs. Pettingall's
answer, that Brereton draw up a report for the Protector,
inserting Marston's answer on behalf of Mrs. Pettingall. |
27 |
388 |