HCA 13/71 f.362v Annotate

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Suggested links

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Image

HCA 13/71 f.362v: Right click on image for full size image in separate window

Transcription

shee was about sixteene monethes since seized and by some of the shipps of the Commonwealth and carried to Portsmouth and [?afterwards GUTTER] brought up into the River of Thames,
and that after such
her seizure and bringing up, shee was in this high Court of the
Admiraltie of England claimed by Nicholas Clement and Adrian
van Balstrode and company (owners of her) all subjects of the Lords
the States of the United Netherlands, to whom (upon proofe made
of their proprietie) shee was restored by Sentence or decree of
the said Court, and was delivered to the said John kein her master
to their use, all which hee knoweth for that hee upon the letters
of the said Adrian van Balstrode his correspondent, and
by vertue of a [?proclamation] from all the said owners, prosecuted their
claime in this Court for the said shipp tackle and furniture, and
obtained the said restitution.

To the second and third Interrogatories hee saith that after the said release and
restitution of the said shipp from the said seizure, and alsoe of
part of her lading to Subiects of the said States of the United
Netherlands, the said shipp was bound for Cadiz in Spaine
and the said John kein her master firmed new bills of lading for
carrying the said goods soe restored to Cadiz, to which place the said
master undertooke to carry them and deliver them there of this
deponents knowledge, and before his proceeding hence, the said
John kein often said and declared to this deponent and in his hearing
that if hee could meete with a freight that might be advantage[eous GUTTER]
and profitable for his owners either at Cadiz, Malaga or other
port of Spaines for England, hee would accept thereof; But well
knowing that by the [?nowe] lawes of this Commonwealth hee
could not not bring commodities of the growth of Spaine into
England in his said shipp being a dutch shipp without danger of
confiscation of shipp and lading, hee the said John kein [?often GUTTER]
said and affirmed that hee would before his going from England
make a colourable bill of sale of his said shipp, tackle
apparell and furniture to some English man and Marchant, subject
of this Commonwealth to avoide the said danger./

To the fourth fifth and sixth and seventh Interrogatories hee saith that the said Nicholas
Clement and Adrian Van Bulstrode and company aforesaid owners
of the said shipp, understanding the said designe of the said master
sent this deponent and his partner John Buck a [?proclamation]
enabling them to make sale of the said shipp to some English[?man GUTTER]
and wrote that the said sale was by them meant and intended to be [XX GUTTER]
colourable and pro forma, and meerly to avoide confiscation [?on GUTTER]
the said shipps retourne to London with goods of Spaine; But saith that this [XXX GUTTER]
and his said partner, not finding it expedient
to make such a fraudeulent and colourable contract, declined the [XXX GUTTER]
of the said sale, and refused to doe the same, and of such the
refusall they certified the said owners.
After which hee saith the said Captaine keene not being satisfied [?with GUTTER]
their reasons for such their refusall, persisted that hee would [XX GUTTER]