Captured ship: Humility or Nedrigheten (master Johan or John Westman). History: a...

Captured ship: Humility or Nedrigheten (master Johan or John Westman).

History: a Swedish merchant ship (200 tons, 14 guns, 13 men), bound from Malaga to Stockholm, laden with wine, salt, raisins, lemon peel, oil, almonds and soap; taken on 8/19 July 1741 off Start Point by the privateer Revenge (James Wimble commanding), and brought into Plymouth.

Documents: [for a letter of protest against Wimble's arrogant and hostile behaviour, sent to the Duke of Newcastle, see SP 42/128, filed 15 July 1741]:-

Court Papers:

• [CP 1-CP 12]: standing interrogatories and additional interrogatories, nine examinations taken in Plymouth (of John Westman, John Wickman, Peter Ohmall, Nicholas Obergh, Hans Johnson, Jacob Suderastron, Jacob Huberg, Peter Hoestrom and Laurenz Eylander all of Stockholm), commissioners' affidavit, 20 July 1741;
• [CP 13-CP 16]: affidavits taken in Plymouth from the captor's crew (Morgan Davis, Samuel Rain, John Blake, James Wimble), 31 July 1741;
• [CP 17]: allegation, 6 August 1741;
• [CP 18-CP 19]: attestation and claim by the master on behalf of the Swedish owners, 25-26 August 1741;
• [CP 20]: further attestation of the master, 31 August 1741;
• [CP 21-CP 22]: attestation and claim on behalf of Peter Westman, 1 December 1741;
• [CP 23-CP 25]: appraisement valuing the ship and cargo at £1,901 12s 6d 15 September 1741; certificate, commission of appraisement and commissioner’s' affidavit;
• [CP 26]: detailed allegation by the ship's owners with 32 points;
• [CP 27-CP 39]: proceedings of the commission of May 1742: label addressed to Sir Henry Penrice, judge of HCA; substitution of the proctor, Johan Jakob Wetterberg appointed to take over at Stockholm by George Gostling; template for taking witness statements; instructions for the execution of the commission; examinations of James Wimble (32 points); copies of English translations of exhibits A and B; Swedish original exhibit C; English translation exhibit C; English translation of exhibits A, B & C by Thomas Browne; wrapper;
• [CP 40-CP 48]: further proceedings of the commission of May 1742: label to Sir Henry Penrice; examination of James Wimble 32 points; instructions for executing the commission; substitution of the proctor, appointing Johan Jakob Wetterberg, issued twice; Swedish papers (circa 19 documents); wrapper;
• [CP 49]: attestation of Abraham Spalding that the commission in Sweden has finished, 16 Aug 1743;
• [CP 50]: affidavit by Henry Norris and Robert Mackay as to the exchange rate between Stockholm and London,– 9 May 1744;
• [CP 51]: attestation of Abraham Spalding, declaring that he payed £125 12s 9d to the master of the Swedish ship as it was to be restored – 6 November 1744;
• [CP 52]: bill of expenses July 1741-December 1744, amounting to £218 5s 8d, submitted 27 March 1745;
• [CP 53-CP 55]: attestation as to papers from Bernhard Warren, second Lieutenant of the Revenge,– 13 July 1741; translation of the 14 Swedish ship’s papers; wrapper;
• [CP 56-CP 58]: charter party and translation, abstract of the ship’s books;
• [CP 59-CP 60]: translations by Samuel Willett of Swedish documents; 15 Swedish documents in copied format.

James Wimble's whereabouts and finances:

• [CP 61]: attestation of Joseph Parker, merchant, saying that James Wimble is on a cruise and has been in no English port since the order on him was passed, – 21 June 1744;
• [CP 62]: attestation of Abraham Spalding, agent of the Swedish owners, could not find James Wimble since order of court on 23 October 1742 commanding him to pay further bail,– 28 June 1744;
• [CP 63-CP 4]: attestation of Daniel Highmore as to Thomas Harrison, one of James Wimble'’s securities, being in the King's Bench prison; additional note confirming this 1-2 July 1742
• [CP 65]: attestation of Thomas Gibbs and Robert Cathrale swearing they are worth £1000 and can cover James Wimble'’s bail – 5 September 1744
• [CP 66]: attestation of Thomas Stone, Court Deputy Marshal, that Cheslyn, the proctor for James Wimble, had first suggested as securities for James Wimble’'s bail: Thomas Simpson and Thomas Gibbs. However these were not considered to be worth £1000. Second he suggested: Nathaniel Braw, Josiah Gord, Samuel Jeans and Joseph Mason. Again these were not considered credit-worthy. Thirdly the Proctor suggested: Thomas Gibbs and Robert Cathrale/Cathrall and supplied their attestations. Thomas Gibbs was rejected and instead replaced with Henry Delany and the two of them accepted as security on 26th September 1744. – 22nd February 1745
• [CP 67]: attestation of Robert Catherall, that he was impersonated by his brother Bugh Catherall and never swore his worth to £1000, does not know and will not pay for James Wimble, – 9 March 1745
• [CP 68]: attestation of Henry Delany saying he was impersonated and never gave bail to James Wimble,– 12 March 1745

Ship's Papers numbered SP 1-SP 4.

[Decision: restored with costs and damages 27 October 1744; 14 original Swedish ship's papers also restored]

See also IND 1/9022, f90v

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