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said Policarpio de Oliveira, and that the … said Policarpio de Oliveira, and that the said fernandez<br />
thereby was and is deprived of his said goods. The premisses this<br />
deponent knoweth, first by letters of severall Merchants of Portugall<br />
sent to their Correspondents here and in ffrance, which letters this deponent<br />
hath seene importing the seizure of the said goods upon such<br />
pretence as aforesaid, and also by advise sent from the Master<br />
of the said shipp to the same effect, and by the said Masters owne<br />
affirmation, since he returned for England with the said shipp<br />
empty for and by reason of the accident aforesaid, And further<br />
saieth not to this Article./
To the eighth article of the said Allegation hee saieth, That he is<br />
well assured, that in realitie and trueth, The said Policarpio<br />
de Oliveira at the time of the buying lading or seizure of the<br />
said sugars, shumackes and Tobaccoes had not any part share or<br />
interest in the same, but that the same were really and truely<br />
bought provided and laden for the use and accompt of him the said<br />
fernandez for and with the proceed of the said fish, and by vertue of and in<br />
conformity to the order before expressed, and that hee the said<br />
ffernandez alone must and doeth beare the hazard and adventure<br />
of the same. Which the premisses this deponent is well assured<br />
of, both by the Contents of the said Policarpios letter of advise (before<br />
the said seizure and his restraint) written and sent to the<br />
said fernandez concerning the same, by which the said de Oliveira<br />
clearely declared (as this deponent hath seene and well observed in and<br />
by such advise) that the said sugars shumack and Tobaccoes were<br />
for the accompt proper of him the said fernandez, and<br />
with the first conveniency after the receipt of such advise this<br />
deponent in the quality of assistant as aforesaid, and by the order<br />
and in the name of the said fernandez, did write and send<br />
advise to the said Antonio Rodrigues de Morais, and Raphael<br />
and Jeronimo Rodrigues Lamego to the same effect. And further<br />
to this article he deposeth not./
To the nyneth article hee saieth, That the said Antonio fernandez<br />
Caravajal hath by reputation and Correspondence been knowne<br />
unto this deponent by the space of 22. yeares or thereabouts, and<br />
in person all which time the said Antonio ffernandez Caravayal<br />
hath beene constantly reputed a Merchant and inhabitant of<br />
this City of London, and that he the said fernandez was and is and that he the said fernandez was and is +
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