HCA 13/71 f.323r Annotate

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HCA 13/71 f.323r: Right click on image for full size image in separate window



he 13th day of June 1656 [CENTRE HEADING]

A Buisines of Examination of Witnesses on the}
behalfe of Robert Oxwicke and Companie Owners}
of the shipp the Endeavour whereof William}
Joppe is Master and of Richard Baker and}
Companie Owners of Three hundred and}
thirteene pipes of Canareye wynes taken by Giles}
de la Roch and Companie Subjects of the ffrench}
king upon the open Seas, and carryed away with them}
and against the said de la Roche and Company}
in particular and all others in generall et cetera. Smith}


Examined upon an Allegation on behalfe of the said
Robert Oxwicke and Compaie and of the said Richard
Baker and Company

John Bowers of deptford in the County of
Kent Mariner and late Boatswaine of the said shipp
the Endeavour, aged 25. yeares or thereabouts a Wittnes
sworne and examined saith as followeth videlicet:

To the first Article of the said Allegation hee saith that the articulate Robert
Oxwicke and Companie Merchants in and of the City of London, and Subjects of
the Commonwealth of England have for severall years last past bin and till this present
are and ought to bee the true and lawfull Owners and proprietors of the said shipp the
Endeavour of London (whereof the articulate William Joppe was Master and Commander
and of her tackle apparell and furniture, and for and at such the said Robert
Oxwicke and Companie were and are generally accompted reputed and taken. Which
the premises this deponent saith hee well knoweth for that hee saw the originall building
of the said shipp in the River of London in the yeare 1650 last past or thereabouts, and
hath served in and aboard her six or seaven voiages which shee hath performed since
her said building, in fower of which voiages and particularly in the voiage now in controversy
hee this deponent was Boatswaine of the said shipp And further hee cannot depose/

To the second article of this Allegation this deponent saith that in the yeare of our Lord
1655. last past and in the moneth of October and November in the said yeare the said
shipp Endeavour being at or neere the Island of Teneriffe, there were laden in and aboard
her the number of three hundred and thirteene pipes or thereabouts of Teneriffe or
Canarie wynes to be transported in the said shipp from the said Port or place of
Tenariffe to the Port of London for the use and accompt of the articulate Richard
Baker and others Merchants and Subjects of this City and Commonwealth, and to them or
their Agents here to be delivered for there respective accompts Which the premises hee this
deponent saith hee well knoweth for that hee was as aforesaid Boatswaine of and aboard
the said shipp at the time aforesaid, and in that quality had the charge of the receiving of the
said wynes aboard the said shipp, and tooke particular notice of them and of the severall markes of the
caskes wherein they were, and entered the same into his booke which at the time of the seizure
of the said shipp and goods was taken away from this deponent and for that this deponent was
present at the signing and firming of bills of lading for the said goods by the said
Master, wherein and whereby the said wynes were consigned by the said Baker and
Companie respectively. And further hee cannot depose./.

To the third Article of the said Allegation this deponent saith that upon or about the
seaventeenth day of the moneth of November 1655. last past (English style) the
said shipp did depart and sett saile from the said Island of Tenariffe for and towards this Port
of London the said wynes then being in and aboard her and that in sure her course shee
being between the said Island of Teneriffe and the Island of Palma was upon the 21th day of the said moneth mett with and
sett upon by fower french shipps being under the Conduct and Command of one
Giles de la Roch a ffrenchman and subject of the king of france being Merchant
shipps and upon a Merchandiseing voiage towards the East Indies or redd Sea. The
premisses hee knoweth for that hee was, as aforesaid, Boateswaine of and aboard the said shipp
at the time aforesaid. And further cannot depose

To the 4th hee saith and deposeth, That the said shipp Endeavour being as aforesaid
mett with by the said french shipps under the Command of the said de la Roche hee the said
de la Roche and Companie commanded the Master and Companie of the said shipp
Endeavour to strike sayle, and to hoyst out their boate and come on aboard him, which they
refused to doe for that is was then night, and the morning next ensueing the said La Roche