Depositions taken by Commission
in regard to the business of Thomas Benson (1757)

Transcribed by David Carter 2023

National Archives document: E 134/31Geo2/East1

[Implied letters in brackets have been added by the transcriber. 
Spelling remains largely verbatim]

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Catalogue listing:

E 134 - Exchequer: King's Remembrancer: Depositions taken by Commission

Edward Maude v. The Attorney-General, for and on behalf of His Majesty, Thomas Hogg, Thos. Salmon, William Mellhuish, Esq., Thomas Mellhuish, clerk, Thomas Benson: Debts, &c., and bankruptcy of Thos. Benson, a merchant trading to Newfoundland, Lisbon, Malaga, Placentia &c., &c.: Devon; America; Portugal; Spain.

National Archives ref: E 134/31Geo2/East1 [1757]
https://discovery.nationalarchives.gov.uk/details/r/C3716025

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Index of Surnames:

Barlow
Benson
Bicknell
Bower
Boyse
Crocker
Edgecombe
Handcock
Hatherly
Hiern
Hogg
Hunt
King
Lima
Maude
Melhuish
Metine
Parker
Parsons
Salmon
Snow
Underwood
Williams

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Transcript:

George the Second by the Grace of God of Great Britain France and Ireland King, Defender of the Faith. To our beloved Narcissus Hatherly, John Hiern, William Williams the younger & William Edgecombe gentlemen - Greeting.

Know ye that we having great confidence in your fidelity, industry and care, in transacting our affairs, have appointed you, and by these presents do give unto you, or any two or more of you, full power and authority, for the careful examination of any witnesses whatever, on certain articles or interrogatories to be exhibited before you, or any two or more of you, on the part and behalf of Edward Maude Pet[itioner]; against William Melhuish Esq, Thomas Melhuish esq, Thomas Hogg, and the Attorney General, Defendants, and fortaking their examinations thereon, and reducing the same into writing on parchment.

And therefore we command you, that at such day and place, or days and places, which you, or any two or more of you, shall appoint for that purpose, you diligently proceed in the prem[is]es, and call the s[ai]d witnesses, & cause them to appear before you, or any two or more of you.

And that you carefully examine the said witnesses, and each of them separately by him, or herself, upon the s[ai]d articles or interrogatories, on their corporal oaths to be taken on God’s Holy Gospels, and take their ex[amin]ations, and reduce the same in writing on parchment.

And when ye shall have so taken the same, that you send the same, with the s[ai]d inter[rogator]ys and this writ, close sealed, under your seals, or the seals of any two or more of you, to the Barons of our Exchequer at Westminster, on the thirteenth day of February next coming.

And we further command you, & each of you, that every one of you, before he shall proceed to administer the oath to the said witnesses, or any of them, or to examine any witness to be produced before you, or be present at any such examination, he shall take the oath first specified in the schedule hereto annexed.

And we give our full power and authority to any three, two or one of you jointly and severally, to administer to said oath to the rest, or any other of you corporally, on God’s Holy Gospels.

And we further Command you, that the person or persons who shall serve as clerk, or clerks, to take, write down or transcribe the depositions of the witnesses to be produced and examined by virtue hereof, before he, or they, shall serve as clerk, or clerks, as aforesaid, or suffered to be present at the examination of any such witness, he or they, shall take the oath last specified in the said schedule.

And we give to you, and each of you, full power and authority, jointly & severally, to administer that oath corporally on God’s Holy Gospel, to such clerk or clerks.

Witness Sir Thomas Parker Knight at Westminster, the twenty eighth day of November in the thirty first year of our Reign, by Order of Court and by the Barons Masham.

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The Commissioners Oath

You shall according to the best of your skill and knowledge, truly, faithfully and without partiality to any, or either, of the partys in this cause, take the Examination and Depositions of all and every the witness & witnesses produced and examined before you, by virtue of the Comm[issio]n hereunto annexed, upon the interrogatorys now produced and left with you. And you shall not publish, disclose or make known to any person, or persons, whatsoever, Except to the clerk, or clerks, by you employed, and sworn to secrecy in the Execution of this Commission, the Contents of all, or any, of the Depositions of the said witnesses, or any of them to be taken by you, and the other Commissioners, in the said Commission named, or any of them, until publication shall pass by rule of order of the Court of Exchequer. So Help you God.

The Clerks Oath

You shall truly, faithfully and without partiality to any, or either, of the partys in this cause, take, write down, transcribe and ingross the depositions of all and every the witness, & witnesses, produced before & exa[mi]ned by the comm[issio]n, or any of them named in the commission hereunto annexed, so far as you shall be directed and employed by them for that purpose. And you shall not publish, disclose, or make known to any person, or persons, whatsoever, the contents of all, or any, of the depositions of the witnesses to be taken, wrote down, transcribed or ingrossed by you, or whereto you shall have recourse, or be any ways privy, until publication shall pass by rule or order of this Court of Exchequer. So Help you God.

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Interrogatories to be exhibited for the examination of witnesses to be produced, sworn and examined, in a certain cause depending in his Majesty’s Court of Exchequer at Westminster, wherein Edward Maude as complainant, and his Majesty’s Attorney General for and on behalf of his Majesty, Thomas Hogg, Thomas Salmon, William Melhuish esquire, Thomas Melhuish clerk, and Thomas Benson are defendants. On the part and behalf of the said complainant.

FIRST – Do you know the said complainant, and do you know the said defendants Thomas Hogg, Thomas Salmon, William Melhuish esq, Thomas Melhuish clerk, and Thomas Benson, in the title of these Interrogatories named, or any, and which of them respectively, and for how long have you so known them, or any, and which of them respectively, and does the said defendant Thomas Benson now live, or reside in any, and what part or place abroad, or beyond the seas, or where particularly doth he live or reside, as you know, or for any, and what reason believe. Declare.

SECOND – Whether or no did the said defendant Thomas Benson, before the twenty third day of April, one thousand seven hundred and fifty four [23 Apr 1754], and for how long before that time, in any, and what manner, trade or deal in the buying and selling any, and what goods, wares or commodities, as you know, or for any and what reason here. Declare the whole truth herein, with all the circumstances thereof, and the whole of your knowledge and belief relating thereto, together with the grounds and reasons such your knowledge and belief.

THIRD – Whether or no did the said defendant Thomas Benson, ever and when, in any, and what manner, contract any, and what debt or debts, or become in any, what manner indebted to any, and what person, or persons, as you know if any, and what reason believe and in, or about how much money in the whole, was the said defendant Thomas Benson so indebted on or about the twenty third day of April, one thousand seven hundred and fifty four [23 Apr 1754] as you know or for any, and what reason believe, and particularly whether or no was he, at that time, firstly and truly indebted to the said complainant in any, and what sum, or sums, of money, and to what amount, and when and how, and in what manner, and for what, and upon what amount did such debt, or any, and what part thereof arise or accrue, or become due or owing, as you know, or for any, and what reason believe. Declare the whole truth therein, with all the circumstances thereof, and the whole of your knowledge and belief relating thereto together, with the grounds and reasons of such your knowledge and belief.

FOURTH – Whether or no did the said defendant Thomas Benson, at any and what time, or times, and when first in any, and what manner withdraw or conceal himself from his creditors, or from any, and which of them, or did the said Thomas Benson ever, and when first in any, and what manner, keep within his house, and there cause himself to be denied to his creditors, or any, and which of them, who came thither and enquired for him, or who came to demand the payment of any, and what debt, or debts, from the said Thomas Benson, and whether or no the said Thomas Benson, was within the house, or place, to which such creditor, or creditors, or any, and which of them did come at any, and what time, or times, when such creditor or creditors or any, and which of them did come thither and enquire for him, and whether or no did the said defendant Thomas Benson, then, or at any, and which of such times, in any, and what manner conceal himself from such creditor or creditors, or cause or order any, and what person, or persons, to tell such creditor, or creditors, or any, and which of them that the said Thomas Benson was not then, or at any, and which of those times at home or within, or did he ever, and when, give and any, what orders or directions to any and what person, or persons, to any such, or the like purport and effect, and why, or for what reason, and upon what occasion, and with what Diew Design, intent or purpose were such orders or directions, or any, and which of them so given, by the said defendant Thomas Benson to any, and what person or persons as you know or for any and what reason believe and whether or no did the said defendant Thomas Benson at any and what time or times commit any and what other act or acts of bankruptcy and when did he first commit any and what Act of Bankruptcy as you know or for any and what reason believe. Declare the whole truth herein with all the circumstances thereof and the whole of your knowledge and belief relating thereto, together with the grounds and reasons of such your knowledge and belief.

FIFTH – Look upon the deeds or writings now produced and shown to you at this your examination marked respectively (A), (B), (C). Whether or no were the said produced deeds or writings or any and which of them ever and when signed sealed and delivered or in any and what manner executed by any and what person or persons in your sight or presence, or in the presence of any and what other person or persons as you know or for any and what reason believe. And whether or no is your name or mark set or subscribed or indorsed to or upon said produced deeds or writings or any and which of them as witnessing to the signing, sealing or executing thereof or of any, and which of them by any, and what person or persons or as a witness to any, and what receipt or receipts or writing or writings thereon or on any, and which of them indorsed or written. If yea, is your name or mark so subscribed or indorsed or sett of your own proper hand writing and of whose respective proper hand writing are or is any and what names or name or markes or mark of any and what persons or person sett or subscribed or indorsed to or upon the said produced deeds or writings or any and which of them as a party or parties thereto or to any and which of them or to any and what receipt or receipts, writing or writings thereon or on any and which of them indorsed or written as you know or for any and what reason believe, and of whose respective proper hand writing are or is any and what names or name or marckes or marck of any and what persons or person subscribed or indorsed or sett to or upon the said produced deeds or writings or any, and which of them as witnessing to the signing sealing & delivery or execution thereof or of any, and which of them by any and what person or persons or as witnessing to any, and what receipt or receipts or writing or writings thereon upon any, and which of them indorsed or written as you know or for any, and what reason believe. And whether or no are such witnesses or are or is any, and which of them living or dead as you know or for any and what reason believe. Declare.

SIXTH – Whether or no was the said defendant Thomas Benson, at any time, and when, in or about the year one thousand seven hundred and fifty three [1753], or at any other time, and when owner, or was he, in any and what manner, possessed, interested in, or intitled unto the ship or vessel called the Peter, in the pleadings in this cause mentioned, and the ship or vessel called the Placentia, in the pleadings in this cause also mentioned, or was the owner of, or in any, and what manner possessed of, interested in, or intitled unto either, and which of those ships as you know, or for any, and what reason, where and whether or no, did those ships of either, and which of them, ever and when go, or sail, on any, and what voyage, or voyages, to any, and what place, or places, abroad or beyond the seas, and whether or no, did the said ships, or either, and when particularly return to England from off such voyage, or voyages, or either, and which of them as you know, or for any, and what reason believe, and where particularly were the said ships, or either, and which of them on, or at any time, and how long before or after the fifteenth day of May, one thousand seven hundred and fifty three [15 May 1753], as you know, or for any, and what reason believe, and whether or no, did the said ships, or either, & which of them, ever & when, after the said fifteenth day of May, one thousand seven hundred and fifty three [15 May 1753], return to any, and what, part of England, as you know, or for any and what reason believe, and whether or no, were the said ships, or was either, & which of them ever, and when & where particularly, in any, and what manner, sold or disposed of, by any, and what person, or persons, for or on the account of the said defendant Thomas Benson, or how otherwise, as you know, or for any and what reason believe. Declare the whole truth herein, with all the circumstances thereof, and the whole of your knowledge and belief, relating thereof together with the grounds & reasons of such your knowledge and belief.

SEVENTH – Look upon the writings now produced, & shown to you at this your examination marked respectively (G) (H) (I). Did you examine the said produced writings, or any, & which of them, with any, and what record, or records, or other writing, or writings, of which the same, or any, and which of them purport to be a copy, or copies, & when, & where, & with whom, and in what manner, did you so examine the same, or any, and which of them respectively, and whether or no, are the said produced writings, or are, or is any, and which of them, or any, and what part, or parts, thereof, or of any, and which of them a true copy, or copies, of such record, or records, or writing, or writings, or of any, and which of them, or of any, and what part or parts thereof, or of any, and which of them respectively or in what respects do the said produced writings or any, and which of them, or any, and what part, or parts, thereof, or of any, and which of them vary or differ from such record, or records, or original writing, or writings, or any, and which of them, or any, and what part, or parts, thereof, or of any, and which of them respectively as you know, or for any, and what reason believe. Declare.

LASTLY – Do you know, or can you sett forth, any other matter or thing, besides what you have already sett forth, upon this your examination, that may tend to the benefit, or advantage, of the said complainant in this suit. If yea: Sett forth the same fully, and at large, with all the circumstances thereof, and the whole of your knowledge and belief relating thereto, together with the grounds and reasons of such your knowledge and belief.

[Signed]:
Nar[cissus] Hatherly
John Hiern
Rob[er]t Bicknell

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Depositions

On the part of the Plaintiff.

Depositions of witnesses had and taken the ninth day of February, in the thirty first year of the reign of our sovereign Lord George, by the grace of God of Great Britain, France and Ireland, King, defender of the faith and so forth, and in the year of our Lord Christ, one thousand seven hundred and fifty eight [1758], at the house of Henry Bower, being a publick inn, and known by the name of the Crown, within the town of Bideford and county of Devon, by and before Narcissus Hatherly and John Hiern, gentlemen, by virtue of a Commission issued out of his Majesties Court of Exchequer at Westminster, to them and others directed for the examination of witnesses on interrogatories in a certain cause there, depending between Edward Maude plaintiffe, and William Melhuish esquire, Thomas Melhuish clerk, Thomas Hogg, and his Majesties attorney generall defendants, the said Narcissus Hatherly and John Hiern, having before their beginning to act on the said Commission, severally taken the first oath contained in the schedule to the said Commission annexed intitled: the Commissioners Oath, and having also administered unto Henry Boyse and Degory King, their clerks the second oath in the said schedule contained, intitled: the Clerks Oath, before they were permitted to write or ingress the same, as follows:

Thomas Hogg of Appledore within the parish of Northam and county of Devon, mariner, aged thirty three years and upwards, one of the defendants in this case, a witness produced sworn and examined by virtue of an order made in this honourable court on Friday the ninth day of December last, on the part and behalf of the complainant the first, second and sixth interrogatories deposeth and saith:

To the first interrogatory, this defendant saith: that he does not personally know the complainant, but hath known the defendant Thomas Salmon for about fifteen years last past, and has known the defendants William Melhuish, Thomas Melhuish and Thomas Benson in the title of these interrogatories named respectively from this deponents childhood.

And this deponent saith: that he hath heard and believes that the defendant Thomas Benson sailed from England sometime in December, one thousand seven hundred and fifty three [1753], and saith that this deponent on the twenty fifth day of the same month of December, one thousand seven hundred and fifty three [1753], saw the said defendant Benson at Oporto in the Kingdom of Portugal and dined with him there that day, and during this deponents stay there (which was about six or seven weeks to this deponents remembrance), this deponent very often saw and conversed with him there.

And this deponent saith: that he hath heard and believes that the said defendant Thomas Benson now does, or lately did, live or reside at Vigo in the Kingdom of Spain, and this deponent is rather induced to believe the same, because he did sometime in the month of December last past, receive a letter from him of his hand, asking as he believes (this deponent being well acquainted therewith having often seen him write) which is dated in November last, and which informed this deponent that he then lived at Vigo aforesaid.

To the second interrogatory, this deponent saith: that the said defendant Thomas Benson, in the year one thousand seven hundred and forty [1740], was a merchant and did trade and deal in buying and selling coals, and in the fishing trade at Newfoundland, and that from that time home to about the ninth day of April, one thousand seven hundred and fifty three [09 Apr 1753], he continued to trade and deal in buying and selling diverse goods, wares and commodities as a merchant in the fishing trade at Newfoundland, and during part of that time traded very largely to Virginia in the tobacco trade, and sent ships yearly for many years of that time to Virginia and Newfoundland, and that during a great part of that time the said Thomas Benson carried on the business of a rope maker, and bought large quantities of hemp and tar and used part of the cordage made thereof, and sold other parts thereof.

And this deponent saith: that he returned from his voyage from Oporto to Appledore aforesaid on the second day of March, one thousand seven hundred and fifty four [02 Mar 1754].

And this deponent saith: That in the year one thousand seven hundred and forty four [1744], he was employed as a mate to sail in a vessel of the said Thomas Benson called the New Key, and did sail in her from Appledore aforesaid to Newfoundland on a fishing voyage, and saith: that from that time he was constantly employed by the said Thomas Benson as a master or commander in divers ships of the said Thomas Benson in the fishing trade at Newfoundland aforesaid, and in going from thence to some markets either in Spain, Portugal or Italy, home to September one thousand seven hundred and fifty three [1753], and saith that in the last of these voyages he sailed in the said defendant’s Thomas Benson's ship called the Peter, on a fishing voyage to Newfoundland, and from thence to Lisbon, and afterwards to Oporto afores[ai]d.

To the sixth interrogatory, this deponent saith: that the said defendant Thomas Benson was, as this deponent apprehends and verily believes, on the ninth day of April, one thousand seven hundred and fifty three [09 Apr 1753], and for three years next before or thereabouts, sole owner of the ship or vessel called the Peter in this interrogatory and the pleadings of this cause mentioned, and was also sole owner of the ship or vessel called the Placentia in this interrogatory mentioned, on the same ninth day of April, and for upwards of one year next before.

And this deponent saith: that he did on the said ninth day of April, sail from Appledore aforesaid as master or commander of the said ship called the Peter, to Waterford in Ireland, and from thence on a fishing voyage to Newfoundland, for and on account of the said Thomas Benson, who this deponent then apprehended to be owner thereof. And saith: that he arrived at the port of Placentia in Newfoundland in the middle of the month of May then following, this deponent during his stay there fished and caught a considerable quantity of fish, and bartered or exchanged a quantity of pork and other kinds of provisions on the account of the said Thomas Benson for fish, and saith: that he also took on board the said ship Peter some fish, which had been taken by John Hunt and John Crocker at Newfoundland aforesaid, for and on the account of the said Thomas Benson (which said Hunt and Crocker had been also then sent to Newfoundland in two other vessels of the said Thomas Bensons on fishing voyages).

And this deponent saith: that sometime in the month of September, one thousand seven hundred and fifty three [1753], while this deponent was at Newfoundland aforesaid, he received a letter from the said defendant Thomas Benson, dated the eleventh day of August, one thousand seven hundred and fifty three [11 Aug 1753], of his handwriting as this deponent believes, advising him that he had transferred to the said defendants William and Thomas Melhuish, his ships, cargoes and all his other effects in Newfoundland, among which was the said ship Peter.

And this deponent saith: that during his stay at Newfoundland aforesaid, he also received from the said defendants William and Thomas Melhuish, a letter dated the thirteenth day of August, one thousand seven hundred and fifty three [13 Aug 1753], signed by the said William and Thomas Melhuish, as this deponent believes (he being well acquainted with their respective hands & writing, having often seen them write), wherein the said defendants William and Thomas Melhuish acquainted this deponent (amongst other things) that the defendant Benson had invested them with power of managing by legal transfers, all his ships and other things whatsoever in Newfoundland, and directed that the said ships the Peter and Placentia, with some other ships, should proceed to Lisbon with the respective cargoes.

And this deponent saith: that soon after his arrival at Lisbon aforesaid, this deponent received another letter from the said defendants William and Thomas Melhuish, in which was inclosed a paper purporting to be a copy of a Bill of Sale from the said defendant Benson, to the said defendants William and Thomas Melhuish, of the said ships Peter and Placentia and their cargoes, and also a letter of attorney which appeared to this deponent to have been sealed and delivered by the defendants William and Thomas Melhuish.

And this deponent saith: that he and the defendant Salmon, are jointly and severally impowered by the said letter of attorney to sell the said ships Peter and Placentia and their cargoes, but does not remember whether any other ships were included in such letter of attorney.

And this deponent saith: that not being able to dispose of the said ship Peter at Lisbon at a proper price, at this deponents judgement, he proceeded to Oporto, where he arrived on the eleventh day of December one thousand seven hundred and fifty three [11 Dec 1753], and sometime in February then next following, sold the said ship unto Joze Antonio Lima for five hundred mordores, for and in the names of the said defendants William and Thomas Melhuish, pursuant to the orders and authority he had before received from the said defendants William Melhuish and Thomas Melhuish as aforesaid.

And this deponent believes that: the said ship Peter did not after the fifteenth day of May one thousand seven hundred and fifty three [15 May 1753], return to any part of England.

And this deponent further saith: that the defend[an]t Thomas Salmon was master or commander of the said ship called the Placentia, and that this deponent have been informed that he sailed in the said ship, in the said month of April one thousand seven hundred and fifty three [1753], from Appledore aforesaid, to some port in Newfoundland.

And this deponent saith: that the said defendant Salmon arrived in the said ship Placentia at Newfoundland aforesaid, in the month of June then following, and saith that the said defendant Salmon sailed from thence about a fortnight or three weeks before this deponent, to the best of this deponent’s remembrance.

And this deponent saith: that sometime after his arrival at Oporto aforesaid, he received a letter from the said defendant Salmon of his handwriting as he believes, having often seen him write, acquainting this deponent that he was arrived at Lisbon, and that he was in treaty for sale of the said ship Placentia.

And this deponent saith: that he has heard and believes, that he said defendant Salmon did afterwards sell the said ship at Lisbon but to whom, or for what price, this deponent knows not. Nor doth this deponent know, nor did he ever hear, whether the said ship ever returned to any port of England after May, one thousand seven hundred and fifty three [1753].

Richard Snow of Bishops Tawton in the county of Devon mariner, aged forty nine [49] years or thereabouts, a witness produced, sworn and examined on the part and behalf of the complainant to the first, second and sixth interrogatories, deposeth and saith:

To the first interrogatory this deponent saith: that he does not know the complainant, but has known the defendants Thomas Hogg, Thomas Salmon, William Melhuish esq, Thomas Melhuish clerk, and Thomas Benson in the title of these interrogatories named respectively for fifteen years last past and upwards.

To the second interrogatory this deponent saith: that the said defendant Thomas Benson did for several years next before the twenty third day of April, one thousand seven hundred and fifty four [23 Apr 1754] (but how many cannot be certain) and deal in buying and selling in merchandizing way goods, wares and commodities of various sorts and kinds and in particular in the Newfoundland and coasting trade, and was owner of several ships of vessels employed in that way, and was also concerned in the Virginia trade and imported large quantities of tobacco for several years of that time.

To the sixth interrogatory this deponent saith: that the said Thomas Benson in the month of April, one thousand seven hundred and fifty three [1753] was sole owner of the ships called the Peter and Placentia in the pleadings of this cause mentioned, and that on the ninth day of April, one thousand seven hundred and fifty three [09 Apr 1753], he this deponent sailed in the said ship Peter, whereof Thomas Hogg was then master, as he had likewise done the two last preceding years as mate thereof, from Appledore within the parish of Northam and county of Devon, bound for Placentia in Newfoundland on a fishing voyage, where the said ship Peter arrived accordingly on or about the seventeenth day of May following, where having taken on board a loading of fish for or on account of the said Thomas Benson sometime in the month of October following, the said ship proceeded therewith to Lisbon in Portugal for a market, where she arrived sometime in the month of November, one thousand seven hundred and fifty three [1753]. But the market there not answering 

expectation, they proceeded to Oporto, and arrived there on or about the eleventh day of December following, and there remained till about the beginning of February following, when the said ship and cargo were sold by the said defendant Thomas Hogg by order and on account of the said defendants William and Thomas Melhuish to some Portugal merchants, but to whom particularly by name and for what prices this deponent knows not.

And this deponent further saith: that the said ship Placentia (whereof the defendant Thomas Salmon was master) also arrived at the harbour of Placentia in Newfoundland sometime in the month of June in the year one thousand seven hundred and fifty three [1753], on a fishing voyage, when she also took on board a loading of fish for and on account of the said Thomas Benson, and proceeded with the same to Malaga in Spain for a market, where such fish was sold and disposed of by the said defendant Thomas Salmon, as this deponent hath heard and believes, but to whom on whose account, or for what price this deponent does not     of his own knowledge know, but has heard and believes the same, were so sold by order and on account of the aforesaid William and Thomas Melhuish. 

And saith: that the said ship Placentia, as this deponent apprehends and believes, proceeded from Malaga to Lisbon in Portugal, where she arrived sometime towards the latter end of the month of January or the beginning of February then next following, and was sold to some merchants there by the order, and on the account, of the said William and Thomas Melhuish as this deponent hath heard and believes, but to whom by name or for what price this deponent knows not.

And saith: that he verily believes that neither of the said ships Peter and Placentia after they were sold as aforesaid, ever returned to any part of England, having been employed by the Portuguese merchants, who so respectively purchased the same as aforesaid in trading to and from the Brazills as this deponent hath heard and believes.

John Underwood of Appledore within the parish of Northam in the county of Devon, chapman, aged sixty years and upwards, a witness produced, sworn and examined on the part and behalf of the complainant to the first, second and fourth interrogatories deposeth and saith:

To the first interrogatory this deponent saith: that he knows the complainant and also the defendants Thomas Hogg, Thomas Salmon, William Melhuish, Thomas Melhuish and Thomas Benson all in the title of these interrogatories named, and has known them respectively (to wit) the complainant, for upwards of four years last past, the defendants Thomas Hogg, William Melhuish, Thomas Melhuish & Thomas Benson from their respective youths, and the defendant Thomas Salmon for about fourteen or fifteen years last past.

And this deponent saith: that the said Thomas Benson hath absconded from his habitation within the parish of Northam aforesaid called Napp (where he and his family many years resided) ever since the end of November or the beginning of December, one thousand seven hundred and fifty three [1753].

And saith: that about that time he was informed that the said Thomas Benson left this Kingdom and went beyond the seas, and hath often heard and believes that the said Thomas Benson has resided ever since either in Portugal or Spain, but chiefly at Vigo in Spain, and this deponent has never seen him since he first went abroad as aforesaid, and believes that he never has been in England since that time, and that he now resides at Vigo aforesaid.

To the second interrogatory this deponent saith: that the said Thomas Benson in his fathers lifetime (who died a great many years ago but how many this deponent cannot recollect) carried on the business of a ropemaker, and bought hemp and other materials for making of cordage, and sold large quantities of cordage for shipping for many years, and during all that time home to in or about the month of March, one thousand seven hundred and fifty three [1753], was a merchant and owner of severall ships or vessels, and did trade and deal in buying and selling divers goods, wares and merchandizes, some of which he exported to Newfoundland and elsewhere, and some of his ships he employed in sailing to and from Newfoundland on fishing voyages, and also was concerned as a merchant in importing from Wales limestones and coals for burning of lime.

And saith: that he this deponent hath often sold to the said Thomas Benson divers quantities of linnen and woollen cloaths and other goods, which he sent abroad from time to time in some or either of this ships to Virginia and Newfoundland in order to sell or barter the same or trade therewith.

And saith: that the said Thomas Benson did continue to trade or deal as a merchant in buying and selling divers goods, wares and commodities, as well or very lately before the 

month of March or April, one thousand seven hundred and fifty three [1753], to the best of this deponents remembrance as to the time.

To the fourth interrogatory this deponent saith: that he being very well acquainted with the defendant Thomas Benson, and having had considerable dealings with him, was requested by him to attend him in the nature of a servant on a journey to London. He this deponent and accordingly on or about the twenty fifth day of November, one thousand seven hundred and fifty two [25 Nov 1752], sett out and with the said Thomas Benson from his said dwelling house at Northam aforesaid on such journey to London.

And saith: that the said Thomas Benson, this deponent, and another servant of the said Bensons, arrived at London after a journey of seven days.

And this deponent saith: that the said Thomas Benson on his arrival at London, first lived about a month in part of a house in Duke Street, Westminster, and afterwards rented a house in Parliament Street in Westminster aforesaid, where he lived till about June following, during all which time this deponent lived with him as his servant.

And saith: that during the time the said defendant Thomas Benson lived in the same house in Parliament Street aforesaid, a great number of people came to the said house to enquire for the said Thomas Benson, many of whom this deponent believes, and was informed by the said Benson, were creditors of the said Thomas Benson, and to who he was indebted, and told this deponent that they was come to receive money which was due to them from the said Thomas Benson, and this deponent has often times acquainted the said defend[an]t Benson with the names of such persons, and the occasion of their coming to his, the said Bensons, house, and the said Thomas Benson at many of these times directed this deponent to acquaint such persons that he was not at home, when in fact the said Thomas Benson was in his said house, of which this deponent did acquaint such persons accordingly.

And saith: that the said Thomas Benson did between the latter end of February, one thousand seven hundred and fifty three [1753], and the latter end of May or the beginning of June following, often withdraw or conceal himself during the greatest part of that time from his creditors, and saith that the first time the said Thomas Benson kept within his said house, and there caused himself to be denied to his creditors (who came thither and inquired for him, and to demand payment of their debts from him) was, to the best of this deponents remembrance, towards the latter end of February, one thousand seven hundred and fifty three [1753].

And this deponent saith: that he will remembers that one Robert Metine, a cabinet maker, who the said Thomas Benson told this deponent was a creditor of his, came to the said Bensons dwelling house, when the said Benson was in the said house, and inquired of this deponent, whether the said Thomas Benson was in his said house, to which this deponent told him that he was not at home, this deponent having been before directed by the defendant Benson to deny him to the said Metine, and some other of his creditors, who had often been at his house before to demand their debts, and to tell them he was not at home, but the names of all such creditors this deponent doth not remember, but remembers that a baker, a butcher, a chandler and a brewer, whose names this deponent does not remember, who served the said defendant Bensons house with the necessarys in there several businesses, often called at the said Bensons house to speak to him, and to demand of him the monies which they said were due from him to them, to all such people this deponent said that the defendant Benson was not at home, although he was then in his said house, and this deponent particularly remembers that in or about the beginning of March, one thousand seven hundred and fifty three [1753], one Hugh Barlow esq, whom the said Thomas Benson told this deponent he was indebted in a large sum of money, came to the said house of the said Thomas Benson, when the said Thomas Benson was in his said house, in order to demand of him the payment of the debt which was due to him, and this deponent told him, the said Benson, that Mr Barlow was at the door, inquired for him and desired to speak to him, upon which the said Benson directed or caused this deponent to tell the said Mr Barlow he was not in the house, and thereupon privately escaped out of his house at the back door to avoid being seen by the said Mr Barlow.

And saith: that one Parsons to whom the said Benson was also indebted, as the said Benson told this deponent, often times came to the said house of the said Benson between the middle of February and beginning of April, one thousand seven hundred and fifty three [1753], in order to speak to him and to demand his said debt of him, at which times said Benson was in his said house and concealed himself from the said Parsons, when he said Benson caused this deponent to tell the said Parsons that he was not then at home or within, or to the like purport.

And this deponent saith: that several times when divers creditors of the said Thomas Benson came to his said house to demand their debts of him, that he the said Benson did a great number of times (at least a hundred), to the best of this deponents remembrance, privately go out of his house at the back door thereof with a design, as this deponent believes, to avoid being seen or d[ed]uced by them.

And this deponent saith: that the said defendant Benson about February, one thousand seven hundred and fifty three [1753], gave directions to this deponent, and to his other three men servants and maid servant which he then had in his house, to acquaint all the creditors of the said Benson who should come to his house to demand money of him, that he was not at home, or to the like effect, in order as this deponent believes to prevent such creditors from seeing him or demanding their money.

And saith: that in June, one thousand seven hundred and fifty three [1753] when the said Benson left London, he went off in a very private manner, and as he believes without the knowledge of any other servants in his said house except this deponent.

And this deponent saith: that the said Thomas Benson very often left his said house very early in the morning, and returned late at night, without any of his family knowing where he was gone, with an intent as he believes to avoid seeing of his creditors who were almost daily seeking him to demand their debts of him.

John Handcock the younger, of Appledore within the parish of Northam and county of Devon, mariner, aged twenty five years or thereabouts, a witness produced, sworn and examined on the part and behalf of the complainant to the first, second and sixth interrogatories, deposeth and saith:

To the first interrogatory this deponent saith: that the complainant is a perfect stranger to him, but that he as well known the defendants: Thomas Hogg, Thomas Salmon, William Melhuish, Thomas Melhuish, and also Thomas Benson in the title of these interrogatories named, for several years last past.

And saith: that he hath several times of late been informed by masters of vessels of his acquaintances, that the said Thomas Benson does now (or did lately) live or reside at Vigo within the Kingdom of Spain.

To the second and sixth interrogatories this deponent saith: that the said Thomas Benson for several years before the month of April, one thousand seven hundred and fifty four [1754], was a merchant, and as the deponent believes, owner of several ships or vessels employed by him in the coasting and Newfoundland trade, and particularly of the ships called the Peter and Placentia in the pleadings of this cause mentioned, and that he the said Benson, dealt in buying and selling divers sorts of wares, goods and commodities in the accustomed way.

And saith: that he this deponent on or about the ninth day of April, one thousand seven hundred and fifty three [09 Apr 1753], sailed in the said ship Peter (whereof the defendant Thomas Hogg was master) as second mate thereof, from Appledore aforesaid to Waterford in Ireland, where they took in provisions, and from thence proceeded to the harbour of Placentia in Newfoundland, where they arrived on or about the seventeenth day of May following. And having taken in a loading of fish on account of said defendant Thomas Benson, proceeded therewith for Lisbon, where they arrived on or about the twenty fifth day of November following, but not selling there, they proceeded from thence to [blank] and arrived at Oporto in Portugal about the middle of December following, when the said ship and cargo were sold by the said defendant Thomas Hogg to some Portuguese merchants there, by order either of the said William and Thomas Melhuish or the said Benson, but which of them he cannot be certain, neither does he know to whom by name, or for what price the same was so sold.

And this deponent saith: that the said ship Placentia (whereof the defendant Thomas Salmon was then master) arrived at Placentia sometime in the summer of the year one thousand seven hundred and fifty three [1753], on a fishing voyage on account of s[ai]d defend[an]t Thomas Benson, where she took in a cargo of fish for market, and proceeded therewith to Malaga in Spain, where this deponent has heard such cargo was sold and disposed of, but have heard and believes that the said ship Placentia proceeded from thence to Lisbon where she was also sold, but to whom by name the said last mentioned ship or cargo was so sold or disposed of, or for what price or prices, this deponent knows not.

And this deponent saith: that he verily believes that neither of the said ships Peter and Placentia, have ever been in any part of England since they were respectively sold as aforesaid.

Philip Williams of Appledore within the parish of Northam in the county of Devon, mariner, aged thirty six [36] years or thereabouts, a witness produced, sworn and examined on the part of the complainant, to the first, second and sixth interrogatories deposeth and saith: 

To the first interrogatory this deponent saith: that he does not know the complainant, [but] hath known the defendants Thomas Hogg, William Melhuish, Thomas Melhuish, and Thomas Benson in the title of these interrogatories named from this deponents infancy, and hath known the defendant Thomas Salmon in the title of these interrogatories also named about fourteen years last past, during which time he hath often sailed with him in several ships of the defendant Benson under the command of the said defendant Salmon.

And saith:  that the said defendant Thomas Benson has not resided at his usual habitation at Northam aforesaid for three or four years last past to the best of this deponents remembrance, but has heard and believes that he now doth and for some time last past has resided at Vigo in Spain.

To the second interrogatory this deponent saith: that the defendant Thomas Benson, being in the said year one thousand seven hundred and fifty three [1753] sole owner of the said ship or vessel called the Placentia, he employed the same defendant Thomas Salmon to be master or commander of her, to go on a fishing voyage from Appledore aforesaid to Placentia in Newfoundland.

And saith: that the said ship Placentia (of which the said Salmon was then master and this deponent man) sailed from Appledore aforesaid on or about the twenty first day of April, one thousand seven hundred and fifty three [1753], and arrived on the Banks of Newfoundland sometime about the latter end of May then following, and after fishing there for about a month, arrived at the harbour of Placentia in Newfoundland about the latter end of June then next following.

And saith: that having taken a cargo of fish on board the said ship, proceeded from thence sometime in the month of October following, and arrived at Malaga in Spain sometime in December following, where the cargo of the said ship was discharged.

And saith from thence the said ship sailed for Lisbon in Portugal, where she arrived sometime in the month of January following, to the best of this deponents remembrance as to the time.

And this deponent saith: that soon after the arrival of the said ship at Lisbon, the said defendant Thomas Salmon sold the same by the direction, and on the account, of the defendants William and Thomas Melhuish, as this deponent was informed by the defendant Thomas Salmon, and as this deponent believes, but to whom the same were sold, or for what price, this deponent knows not.

And saith: that the said ship was thereupon delivered over to the purchaser or purchasers thereof, who this deponent was informed and apprehends was or were Portugese merchant or merchants.

And saith: he doth not know that the said ship Placentia did ever afterwards return to any part of England.

And this deponent saith: that the said Thomas Benson was in the same year, also sole owner of the ship or vessel called the Peter, whereof the defendant Thomas Hogg was then master, and that she made a fishing voyage from Appledore aforesaid to Newfoundland in the year one thousand seven hundred and fifty three [1753], and afterwards proceeded to Lisbon in Portugal, and from thence to Oporto, where she was sold as this deponent hath also heard and believes, by the defendant Thomas Hogg, by the direction and for & on account of the said defendants William Melhuish and Thomas Melhuish, but to whom or for what price this deponent knows not, nor doth this deponent know, but believes the said ship Peter did never afterwards return to any part of England from off such voyage.

[signed] Nar[cissus] Hatherly, John Hiern

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