HCA 13/68 f.251r Annotate

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the true and lawfull owners of the sayd shipp tackle and furniture and
for and as such commonly accounted having all the sayd tyme had possession
of her by this deponent Captaine of her on their behalfe. And saith that
noe dutchman subiect of the States of the United Provinces or ffrenchmen
subiects of the ffrench King after the foresayd 25th day of September
had or have any right title or interest therein or any part thereiof
And otherwise cannot depose.

To the second article of the sayd allegation This deponent saith that upon the
buying of the sayd ship as aforesayd hee saw the sayd Don Diego de
Axiary and owners aforesayd take and receyve possession of the sayd shipp
and the same was to them peaceably and quietly delivered in this
deponents presenece and they the sayd owners did thereupon equipp
and fitt her out to sea att their owne charge and constituted this
deponent Master or Commander of her for a voyage to fflanders
to navigate her with his shipps Company all Spaniards from Bilboa
to Ostend for their use and for and as their shipp and somuch was
generally knowne and taken notice of att Bilboa before the sayd shipp
sett sayle from thence. and otherwise cannot depose.

Yo the third article of the sayd allegation This deponent saith that att the tyme of the
buying of the sayd shipp the Nostra Seniora de Bygona as aforesayd one
dirrick Peterson the then Owner and Proprietor of the sayd shipp then called
the Howse of Yarfeild now the Nostra Senoria de Bygona and her
tackle furniture and apparell did make a bill of sale of the same
before a Notary Publique att Bilboa in the presence of this deponent and
others unto them the sayd Don Diego de Axcavia, Domingo de Caldua
and John Baptista de Meadiotta, a true copy of which bill or Contract
of sale faithfully extracted out of the Protocoll of the sayd Notary and
authenticated was and remained on board the sayd shipp att the tyme
of her seizure in the possession of him this deponent; And saith that
the Contents of the same were and are true and so had and done
therein was and is conteyned, and that the sayd shipp the Howse of
Yarfeild and Don Diego de Axcary Dominego de Caldua and John
Baptista deMendieta in the sayd bill of sale mentioned, and the
shipp the Nostra Seniora de Bigona and the foresayd Don Diego de
Axcary Domingo de Caldua and John Baptista de Mendietta
in the proceedings of this cause named were and are one and the
same shipp and persons and not deivers. And otherwise cannot
depose.

To the fourth article of the sayd allegation This deponent saith that after
the buying and furnishing of the sayd shipp as aforesayd John
Baptista da Mandatta, Thomas de Santa Columba and diverse other
merchants of Bilboa did lade and putt on board the sayd shipp her
present lading of woolls and Iron for the Accompt of themselves
and diverse others merchants of fflanders subiects of the King
of Spaine mentioned in the bills of ladeing found aboard the
the sayd shipp att the tyme of seizure to be in the sayd shipp from
Bilboa where the same were laden transported to Ostend in fflanders
and there to be delivered to them or their Agents for their uses
and Accompt, which sayd bill sof lading were and are true
and