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faire and seasonable all the said forenoon … faire and seasonable all the said forenoone; but betwixt two and<br />
three of the clock in the afternoone of the same day, at which time<br />
hee was ordering the men to raft of his wines, the Levant brease<br />
comming in the sea ran very high, which when the said master sawe<br />
hee sent his skiff ashore with six oares and a stearer to command<br />
the men that were attending with their boat to come aboard and
and saith that this deponent having bin of aboard the<br />
shipp, retourned in the said skiff when it was soe sent by the<br />
master, and thereby knoweth that the mariners did their best endeavour when the wines were<br />
rafted off, upon the command of the said whitby, to help to towe<br />
the raft aboard the shipp, howbeit the sea falling in violently,<br />
it tore the ropes in peeces, and the emptie buts that were to buoy<br />
up the raft, soe that the said raft and emptie buts were twice broken<br />
loose, before the company could bring the same within a mile of the<br />
shipp, and saith it was about tenn of the clock at night before<br />
the said company could get neere the said shipp, notwithstanding that<br />
they had severall boates came to their aide. And saith the said shipp<br />
did then heave and send above five foote high, and the boate not<br />
able to lie by the shipps side, and that the company of the<br />
''ffriendshipp'' used all care and diligence that they could to save the<br />
said wines, but the ropes breakeing the wines sunck and were<br />
all lost save one but, and the company used all meanes by creeping<br />
with grapnells and searching with ropes to recover the said wines that<br />
were sunck but could not. All which hee knoweth being present and<br />
seeing the same. And otherwise hee cannot depose.
To the seaventh hee saith that the said whitby himselfe bought<br />
the ropes that the said wines were strung with and rafted with, and<br />
saith the said wines were lost upon occasion of the said ropes breaking<br />
by the said roughnesse of the sea, and mr whitbyes forcing<br />
the company to carry them out in such fowle and rough weather,<br />
and not by any default of or in the company, which hee knoweth for<br />
the reasons aforesaid.
To the eighth hee saith that in very truth the sea came in soe fast<br />
and sea so high the said 25th of October 1655 in the after noone<br />
that it was noe way fitt to goe off with any wines, and the boat<br />
of the ''Olive branch'' arlate and severall other who had carried wines<br />
in the morning were by their merchants commanded to retourne and<br />
did retourne and goe aboard without any wines by reason of the<br />
said fowle weather and roughnesse of the sea, which hee<br />
deposeth of his owne sight and knowledge. And otherwise hee<br />
cannot depose.
Upon the rest hee is not exámined by direction of the producent.
Repeated in Court before the two Judges.
michill batten [SIGNATURE, RH SIDE]dges.
michill batten [SIGNATURE, RH SIDE] +
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