HCA 13/70 f.293r Annotate

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Suggested links

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Transcription

the sayd shipp Saint John Naptist and her ladeing for the use of the sayd Arnold and Elias
Beake and Company and the sayd Sedgewick and Leveret did then make answere to the
sayd Smith and sayd that the examinations and proceedings in the Admiralty Court concerned
not them the sayd Sedgewick and Leveret, for they conceived that Court had nothing
to doe with the matter and sayd they had seized the sayd shipp ad her ladeing
by vertue of their Commission which they had to that purpose and that
they had power enough thereby to condemne the sayd shipp and
goods for lawfull prize and that they had condemned her by a Councell of warr
according to writings they tooke in her, and that without order from the Lord
Protector or the Commissioners of the Admiralty or those they had their Commission
from they would not part with nor deliver neither the sayd shipp nor her ladeing
or they the sayd Sedgewick and Leveret spake words to the like effect, which words
they soe spake upon or about the 24th day of June 1654 in the presence of the witnesses
aforesayd And further saving his subsequent deposition hee cannot depose./

To the 4th article pf the sayd allegation and the schedule therein mentioned
hee saith the sayd Thomas Smith did againe upon the twnty sixth day of
June 1654 in the presence of this deponent and the sayd Garrett and one Edward Gray
demand restitution of the sayd shipp Saint John Baptist and her ladeing for and on the behalfe of the
sayd Arnold and Elias Beake and Company and to their use, of the sayd Sedgewick
(the sayd Leveret not being then present) who still refused to deliver the same as formerly
hee had donne, and proceeded to cause the sayd goods to bee unladen and to dispose thereof
which the sayd Smith perceiving did upon the sayd twenty sixth of June 1654 after
hee had made such his last demande make a protest for all costs and damages
which the sayd Smith perceiving did upon the sayd twenty sixth of June 1654 after
hee had made such his last demande make a protest for all costs and damages
which should be susteyned by the sayd Arnold and Elias Beake and Company, by
reason of the sayd Sedwick and Leveret their seizure and deteyning and disposeing of
the sayd shipp Saint John Baptist and her ladeing And hee saith the schedule
arlate now shewed unto him and by him read and perused at the tyme of this
his examination is the very originall protest which the sayd Smith
soe made and caused by a Notary to be drawne in writing in the presence of
this deponent the sayd Garrett and Gray, and this deponent knoweth these
words Thomas Woods at the bottom of the sayd schedule to be his this deponents
owne hand writing, and sawe the sayd James Garrett and Edward Greey likewise
subscribe their names thereto as now they are in testimony thereof And further
saving his subsequent deposition hee cannot depose./

To the 5th article hee saith that hee being at Boston in New England while the
shipp Saint John Baptist was unladeing did observe that divers baggs of feathers
were unladen from on board her into an open vessell and suffered to lye there
till they were surprized with a violent storme of rayne which continued for
the space of three howers or thereabouts with great violence soe that the sayd
feathers could not choose but receave much damage thereby, And hee saith
that he did alsoe observe and take speciall notice that many Caskes or
punchions of wyne were unladen there from on board the sayd shipp and brought
on shoare in this deponents sight, some whereof were about halfe empty and others
three quarters empty And saith hee heard the Steiresman who was Steiresman of the
Saint John Baptist when shee was taken by the sayd Sedgewick and Leveret and continued in her till her Coming
to Boston and during her stay there, and till shee returned to London, saye, and affirem, that the Company
put into the sayd shipp Saint John Baptist by the sayd Sedgewick and Leveret did whilst they were unladeing her at Boston