Transactions - vol. 1: 1613

1613

35. [f.17] 4 Jan. 1613. Trinity House to lord Ellesmere, lord chancellor

By virtue of his letter of 14 Dec., upon the petition of Daniel Palmer and other mariners of the Anne of London, they have called before them Mr Goodlack and Mr Pratt, the ship's merchants. Pratt refused to come while Goodlack came but refused to submit to their censures. They therefore certify their findings. The mariners were hired by the month and the voyage lasted for 5 or 6 days short of a year when the Anne was sunk in the port of Lisbon. The men salvaged the ship, together with a great part of the goods and gold to the value, as Goodlack agrees, of over £1,000, besides the ship. It is considered that the crew should be paid for the period up to the time the ship was sunk, which is 12 months. Only the 12 petitioners out of the crew of 26 have yet reached home. Goodlacke refuses to pay because he has no notice from the master, who is still at Lisbon, what wages had been agreed. Nor had the petitioners the discretion to bring home a note from the master. Nevertheless, the wages which they say were agreed, amounting to £112 for the 12 months, are normal for such a voyage. The award, had Goodlack agreed, would have been that half the wages, amounting to £60, should be paid, and the remainder when the master returned.

William Byam, master; Michael Geare, Robert Kitchen, Roger Gunston, John Vassall, Matthew Woodcott, Robert Rickman, Robert Bradshew, Hugh Merrit, Nicholas Diggens, Thomas Milton, William Ivie, William Jurden, Richard Chester, Andrew Shillinge.

36. [f.17v. Before 12 Jan. 1613] John Chaplyn to the farmers of the king's impost on sea coal [See 37.]

Three months ago at Newcastle he set sail, having loaded the Maryan of Ipswich with 76 chaldrons of coal for London. Owing to foul weather, the sails were blown away and the ship was driven to the 'Wezard' [river Weser] in Germany. To save the ship in the storm, he had to throw more than 30 chaldrons overboard. He had to wait 27 days at the 'Wezard' for a wind, and when at last he left, intending to sail direct to England, he was blown to Emden by a contrary wind. While at the 'Wezard', he had to sell the cloak from his back, together with some of the coal at below the market rate in order to buy victuals, and he had to give '6 months day of payment' against his will. He is ready to testify on oath. In view of his misfortunes and losses, he prays that he be discharged of the penalty of his bond.

37. 12 Jan. 1613. Certificate by Trinity House

John Chaplyn of Ipswich, master of the Maryan and bearer of this certificate, appeared and testified on oath to the truth of his petition [36]. William Byam, master; Robert Kitchen, Richard Chester, Matthew Woodcott, Robert Rickman.

38. [f.18] 21 Jan. 1613. Award by William Byam, master of Trinity House

Thomas Lanthorne, master of the Gift of God of St Andrews in Scotland, and Peter Pynder, ballastman of Ratcliff, on 15 Jan. 1613 entered bonds of £100 to accept the award of William Bygatt, Thomas Milton, Richard Chester and Robert Salmon, all of Trinity House, concerning damage to a ballast lighter belonging to Pinder which sank alongside the Gift of God [in the Thames] and the great cost of weighing her. The award was to be made by 19 Jan., and if not, Byam was to deliver a decision by 21 Jan. Since the 4 arbitrators have not concluded the business in time, Byam's award is that although Lanthorne, the master or owner, 'received great spoil' to cordage and cables, as well as delay, reported to amount to above £30, he and the owners must bear it. The best estimate of the cost of weighing and eventually repairing the lighter is £11 16s, including the cost of the lost ballast. Lanthorne is to pay two thirds (£7 17s 4d) to Pinder by 23 Jan. Pinder is to bear the other third. This money is to be paid at the house of Richard Nottingham, 'our clerk', in Ratcliff and both parties are to acquit each other of all further liability. Since the business is unusual and to avoid precedents, it is fitting to record the reasons for this award. The master or owners must bear the cost of the damage to cables and cordage and part of the costs of the ballastman because Lanthorne tried to get the ballast aboard before he was ready for it and failed to control the crew to ensure that it was brought aboard quickly. The crew should pay half what is due to Pinder, if they have agreed to do so or if Lanthorne can deduct it from their wages, because they had failed to prevent the accident by getting the ballast aboard, throwing it overboard, or mooring the lighter. Pinder should pay his share because the accident is not wholly attributable to negligence. [f.18v] The weather worsened quickly according to the testimony of Thomas Smyth, the [customs] waiter; who could not appear in person. Lanthorn is ordered to pay the costs of making the award.

39. [? 31 May 1613 × 20 June 1614] Parishioners of Stepney to Trinity House [See 40.]

At the request of their neighbour Benedicta, wife of William Cradle of Ratcliff, mariner, they certify that he lived among them in good reputation for 22 years. He spent £100 or more seeking help for his former wife, a lunatic, which also drove him into great misery. Afterwards he adventured his estate on 2 voyages to 'Guiana' [? Guinea], but lost his entire stock of £60 and his wages. His present wife then fell ill for a year which caused great expense. In an attempt to recover his losses he went as pilot of a ship to the East Countries, adventuring his whole estate and £100 more which he borrowed. The ship was cast away in a storm and he and a few others barely escaped with their lives. Finally, last Christmas, in a storm, 2 ships damaged his wharf and quay so that water threatened to wash away the fence and earth of his house; the repair cost £22. He cannot pay his debts and dare not show his head to provide a living for his wife and 4 children for fear of being arrested for debt. Trinity House are asked to petition the lord chancellor to issue letters patent authorising a collection in the churches of London, Middlesex, [blank] so that he can live again as an honest man.

Thomas Johnson, John Muffett, Robert Earle, Richard Beamont, Robert Goldinge, Roger Fryth, Henry Pickis, John Paull, Thomas Lane, John Mothe, Edmond Rolfe, Michael Austen, [? Alen ? Lullz], Joos Prastenborge, John Sitley, Richard Laws.

Ro. Kaile can say little from his own knowledge about these calamities, but he can certify that Cradle and his wife are very honest and very poor.

40. [f.19. 31 May 1613 × 20 June 1614] (fn. 1) Trinity House to lord Ellesmere, lord chancellor

Commendation of the above petition [39].

William Ivie, master; Robert Kitchen, Robert Bradshaw, William Bigatt, Thomas Milton, Matthew Woodcott, Robert Rickman, Andrew Shilling, Roger Gunston, John Osborne, Thomas Malbie.

41. 20 June 1613. Certificate by Trinity House

The good services of the bearer, John Deane, mariner and gunner, in merchant voyages in queen Elizabeth's time is certified by masters under whom he served. Now, having been taken lame at sea, his disease has developed into a dumb palsy which surgeons say cannot be cured. Furthermore, he suffered heavy loss when the Charytie was captured by the Turks in the Straits 3 years ago. In view of his past service and utter inability to maintain himself, Trinity House cannot deny him a certificate to the good people of Norfolk where he was born.

William Ivie, master; Robert Kytchen, Robert Bradshawe, Thomas Malbye, Thomas Milton, Matthew Woodcott, Robert Ryckman, John Osborne, Roger Goonstone, Andrew Shilling.

42. [f.19v] 1 Sept. 1613. York House [London]. T. [lord] Ellesmore, lord chancellor, [to Trinity House. See 43.]

He has had sundry petitions from mariners who served in the Mary Anne complaining that their wages were unpaid. At the mariners' request, he referred the case to Trinity House but understands from renewed complaints that despite their pains the mariners are still unpaid. In accordance with his former request, they are to summon the mariners, merchants and owners to ensure payment of what is due.

43. [f.20] 4 Sept. 1613. Trinity House to lord Ellesmere, lord chancellor

In accordance with his letters [see 42] they have tried to secure the attendance of the owners and merchants of the Marye Anne to show why the mariners are unpaid. Of the 2 merchants, Mr Eldred is out of town and Mr Stapers is decayed in estate, in prison, and cannot attend or give satisfaction. William Squire, who was factor in the ship, came to represent the merchants and alleged that the master and crew failed in their duty, which resulted in the overthrow of the voyage; that he was not party to the charter party and cannot commit the merchants; and that the owners have brought an action against the merchants for freight in king's bench. At the request of Trinity House, the mariners agreed to accept 12 months wages for almost 16 months service. But the owners are unwilling to pay more than 8 months wages because they say that the negligence of the crew, if proved, may result in the loss of the entire freight. In addition to paying 8 months wages, they are prepared to covenant to make this up to 12 months, on condition that they are able to recover the freight from the merchants, as they suppose they will, and provided that the mariners undertake to repay the wages if the whole freight is lost. Trinity House consider that since the mariners were hired on a monthly basis for a voyage to a country of which they did not dream, and which is forbidden by a treaty between princes, they deserve to have their wages. The merchants, having been abused by a 'Hispaniolized fellow' who frustrated their hopes of profit, have been induced by him to defraud the owners and the mariners. This happens frequently, and causes mariners to complain and to turn to piracy. The lord chancellor is requested to order payment of 12 months wages, subject to whatever conditions he sees fit.