HCA 13/71 f.383v Annotate

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HCA 13/71 f.383v: Right click on image for full size image in separate window


The same day [CENTRE HEADING]

Examined on the sayd allegation./


Beniamin Bathurst of London Merchant aged 19 yeares or
thereabouts a wittnes sworne and examined saith and deposeth as
followeth videlicet./

To the first and second articles of the sayd allegation and the Transfereance therein mentioned hee saith that hee lived at Sivill in
Spaine for the space of a yeare and somewhat more ended about August 1655 last in
house with one Mr Anthony Upton who and his Company videlicet his brother Gilbert
Upton and Gerrard LLoid were then Correspondents to, and Agents of the Arlate
Christopher Boone, who as this deponent in the tyme of his residence at Sevill
heard) was a great trader and had great correspondence and dealings with severall
Merchants within the dominions of Spaine, and lived there at Sevill him selfe diverse yeares
And saith that in the yeare 1654 hee liveing in howse at Civill with the sayd
Anthony Upton and being by him imployed about his Merchandising affayres hath
by that meanes severall tymes seene and perused the sayd Uptons bookes of
Accompts, and thereby did finde that the sayd Anthony Upton had in the yeares 1653 and
1654 receaved great quantities of goods from the sayd Mr Boone and for his
Accompt, and had disposed of them unto daniell de Leon and ffrancis Pannique
(Correspondents and Agents at Civill for the arlate Adrian Goldsmith of
Antwerpe) for Accompt of the sayd Goldsmith, and by the sayd bookes of the sayd Upton
it did to this deponent appeare, that in the yeare 1654 upon an Accompte
made betweene the sayd Upton, de Leon and Pannique, touching goods
sent by the sayd Boone and by the sayd Upton sold as his Agent to the sayd de Leon and
Pannique Agents of the sayd Goldsmith for Accompt of the sayd Goldsmith
the sayd Adrian Goldsmith was really indebted to the sayd Christopher Boone
in the summe of two hundred thousand Ryalls plate, And saith hee hath seene
letters of Correspondence bearing date in the yeare 1654 and not long after the
moneth of November that yeare, sent by the sayd Boone to the sayd Anthony Upton
declareing that the sayd Goldsmith had in satisfaction of the two hundred
thiusand Ryalls aforesayd which hee was indebted to him the sayd Boone
made an Assignement of Transference of certayne barrs of silver and peeces
of eight and certayne quantitie of Cutcheneale which which the sayd Goldsmith
had caused to bee laden aboard the Sampson Saint George, the Salvador and Morning
Starr, and that hee the sayd Boone had accepted of the sayd Transference or Assignment
And therefore they should take notice thereof or to that effect, And this deponent did
afterwards see and observe by the bookes of Accompt of the sayd Upton that the sayd debt of
two hundred thousand Ryalls owing by the sayd Goldsmith was entred as [?discharged GUTTER]
by reason of the Transference made as aforesayd, which letter of Correspondence
sent by the sayd Boone to the sayd Upton touching the sayd Transference, and the [?discharge GUTTER]
aforesayd made in the sayd Uptons books for discharge of the sayd Goldsmith from the
debt hee this deponent soe sawe before the difference happened betwixt
England and Spaine, and therefore beleeveth that the sayd Transference was made
really made before the sayd difference happened and for touching the silver and Cutcheneale
afterwards seized in the Sampson Salvadoe Saint George and Morning Starr, and further
referring him selfe to the Registry of this Court hee cannot depose

To the third hee saith hee referreth him selfe to the Registry of this Court
and further cannot depose thereto./

To the 4th hee saith hee hath observed for these 3 or 4 yeeres wherein hee hath
bin imployed in merchandizing affayres that it is a thing frequent amongst