Notre Dame du Saint Rozaire de Malthe (master Antonio Michel) History: a French ship,...

Notre Dame du Saint Rozaire de Malthe (master Antonio Michel)

History: a French ship, (80 tons, 12 men, previously English), bound from Bordeaux to Emden, laden with wine, brandy and cork; taken on 11/22 April 1748 off Dungeness by the privateer Prosperous sometimes referred to as the Endeavour (Solomon Courier commanding), and brought into Dover.

Documents:-

Court Papers:

• [CP 1-CP 5]: standing interrogatories, three examinations, commissioners' affidavit, taken 29 April 1748;
• [CP 6]: attestation and claim of the master, 6 May 1748;
• [CP 7]: allegation, 10 June 1748;
• [CP 8-CP 12]: four attestations as to the ship and cargo being so badly damaged that the master abandoned the ship to the captors, reserving for himself the right to sue them, and a schedule of expenses/damages incurred, brought into court 6 September 1748;
• [CP 13]: list of expenses/note of judicial decisions taken in this case, 8 December 1748
• [CP 14]: affidavit as to the ship being remoored in a different and less secure harbour place on request of the master and then receiving considerable damage there, brought into court 30 August 1749;
• [CP 15-CP 19]: five attestations as to the ship and cargo being badly damaged, with a schedule of expenses/damages annexed, brought into court 5 September 1749;
• [CP 20-CP 22]: draft and finished letter to Sir Henry Penrice recommending that no costs and damages are to be charged to the captors, as the damages were a result of negligence and the master's choice to remoor the vessel, and draft of report signed off by Flower and Jones, 15 May 1750;
• [CP 23]: act of court of Stevens on behalf of the master not accepting the appraisement/report as true, 25 May 1750;
• [CP 24]: letter of attorney empowering Richard Fitzgerald to prosecute costs and damages on behalf of the master, 20 January 1752
• [CP 25-CP 26]: attestation as to papers, and abstract and translation of the 10 ship's papers (these were restored), April 1748.

[Decision: restored with costs and damages, 18 June 1748]