No 54. Captured ship: Phoenix otherwise Vogel Phenix of Wismar (master Andrew Lulleke)....

No 54.

Captured ship: Phoenix otherwise Vogel Phenix of Wismar (master Andrew Lulleke).

History: a Swedish (Wismar) merchant ship (230 tons), bound from [Wismar?] to France, there to lade with salt; whilst on voyage in company with other Swedish and Baltic ships was forced by contrary winds into Plymouth 15/25 July 1672; seized on suspicion of being Dutch when trying to depart on 18/28 July 1672.

Allegation and claim (1 August 1672) of Jochim Hintz, Jochim Lehman, Ernst Hase, Mathew Scheffell, Godert Broche, Jaques Startskope & Co [28pp].

Jochim Hintz, Jochim Lehman, Ernst Hase, Mathew Scheffell, Godert Broche, Jaques Startskope & Co (that is, Jean Capell, Daniel Pierstorpe, Arnold Brunning, Erich Hartsburgh, Caspar Voyt and Christopher Gronnincke, plus the master Andrew Lulleke) for 7-20 years have lived at Wismar or elsewhere in the Swedish Empire, and are subjects of Sweden. Claimants have been shipowners for last 5-7 years, trading goods from Wismar, Stockholm and other parts to London and elsewhere in England and France. Partners owned the ship Golden Falcon (180 tons), master Andrew Lulleke, since 1668, voyages as above, laden with iron, masts, spars, deals, pitch, tar and other goods on their own account. In May-July 1671, ship Golden Falcon laden at Stockholm for Bristol, laden there with coal for Stockholm, but was cast away at Winterton Ness [north of Yarmouth, Norfolk]. Lulleke and crew survived, and returned to Wismar. Owners decided to buy another ship of about 200 tons, made Lulleke master and part-owner, and in Mar-Apr 1671/2 sent him to Amsterdam, Zaandam, or elsewhere in the Dutch Republic to buy a ship. Bought ship Vogel Phenix at Zaandam in April 1672 from Isbrand Peterson Smit. Lulleke and the ship were then forced to stay at Amsterdam [due to embargo], after which Lulleke fitted out the ship at the Texel and hired crew for a voyage to France.

Also, 7 Swedish crew listed by name who came from Wismar to Amsterdam, in ship King Solomon of Stralsund, master Bastian Peterson, all subjects of Sweden, arrived at Amsterdam May-Jun 1672. These men were aboard when the ship was seized at Plymouth on 17 or 18 July 1672. The examiner did not examine these men and did not discover that they were Swedes.

Total cost 4300 rixdollars of purchase etc (except 500 rixdollars) were disbursed by Lulleke with the owners' money by bill of exchange, on the owners' account. (This remitted to Gerrard Boormaster, citizen of Hamburg, who made this over to one Rainstorpe of Amsterdam, who paid it to Lulleke.) The 500 rixdollars was remitted by Erich Hertsburg to one Schlaff at Amsterdam, who paid it to Lulleke. Henry Tomkee, for more than 7 years a subject of Sweden and resident of Wismar, was to have 1/16 of ship Vogle Phenix, but had losses and left this share to Voyt and Gunnincke, both subjects of Sweden for 7 years.

Lulleke was to sail from Amsterdam to La Rochelle, to lade salt for the East Sea [Baltic] or Wismar on the owners' account. For this they sent a letter of credit (dated 7 May 1672) on their account from Daniel Dorvile, citizen of Hamburg to Madame Vandermeve and Mr Boneele, both of La Rochelle, and a bill of exchange (dated 17 May 1672) from Gerrard Boorsmaster to the same. Lulleke made out at Amsterdam that he was bound for Wismar. Left Amsterdam on 9 June 1672, but delayed by contrary winds, left the Texel 24 June, met the English fleet on 25 June about 8-10 leagues off the Texel, came into the Downs 4 July, meeting 4 Royal Navy warships, one a flagship. Lulleke was boarded by the lieutenant of the latter and cleared. Stayed there in company with them about 8-10 days, delayed by contrary winds and paid a light bill. Meeting more contrary winds he put into Plymouth on 15 July for news of Turkish warships on the coast.

Claimant exhibits the following [6] papers, all remaining with the court (NB: no numbers for these papers are given here):- bill of sale for the ship, 16 June 1672 (NS), which was in Lulleke's own name only, but for all the owners. Also Wismar seabrief or pass in 'High Dutch' (German) and French (sent by Lehman at Wismar to Lulleke at Amsterdam), plus 2 letters, both dated 13 May 1672: Ericke Harsburgh at Wismar to Lulleke, and Jochim Lehman at Wismar to same. Also 3 letters of Lehman at Wismar to Lulleke, 20, 23 and 27 May 1672. Also account of moneys for purchase of ship. All these papers were aboard at seizure. Examiners and interpreter misunderstood the master's deposition re Jochim Skepell being an owner and the ship having been bought from Cornellis Jansen of Amsterdam. (Mistakes for Mathieu Scheffell and Isbrand Peterson Smit.) Also, on leaving the Texel, Lulleke sent letter dated at Amsterdam 19/29 June 1672 to Lehman at Wismar, keeping a copy (also remaining with the court, with the following). Exhibits a paper No 37, attestation of Bastian Peterson, 15 June 1672.

At time of seizure, 17-18 July, none or only some of the commissioners held a proper commission: Buckham procured one dated 26 June 1672 for Stuckley and Richards to examine the witnesses. Lulleke issued a protest in writing, 23 June 1672, against the 3 named.