HCA 13/71 f.387r Annotate

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Transcription

stile, true and lawfull Owner and Proprietor of
twenty fower Butts of sherry wines and of nineteene
hogsheads of sherry wines marked as is Libellate, The
premisses he deposeth for that the deponent during
all and every of the sayd months dwelt as servant
with the sayd Andrew Beesley at Sherrez in Spayne
and was present at and by, when the sayd Beesley
bought the sayd sherrey wines of Licenshada Camachio
and Don Andrez Pouce and saw the
money payd for the sayd wines And further he
cannot depose:./

To the second article of the sayd Libell and to the schedule
or bill of lading therin mentioned and exhibited and by him
the deponent at this the time of his examination perused
he deposeth and saith that the sayd Andrew Beesley
the producent did on or about the nineteenth day
of November 1655 arlate lade on board the
arlate shipp the ffortune of Topsham (which then lay
in the bay of Cadiz) the arlate 24 butts and
19 hogsheads of sherry wines for his own accompz (as
being his owne proper goods) to be delivered unto
his factor Mr John Mayne arlate at Exeter, to whom
he the producent consigned, the same, And he saith
that the bill of Lading arlate was signed or firmed
by the arlate Walter ffurler the Master of the sayd
shipp the ffortune of his this deponents certaine
knowledge, who was on board the said shipp when the
said ffurler signed or firmed the said bill of Lading
and saw it soe done, And further referring himselfe
to the sayd bill of Lading he cannot depose./

To the third and fourth articles of the sayd Libell he
deposeth and saith that the sayd shipp the ffortune of
Topsham did safely arrive with the sayd sherry wines
within the monthes arlate at Topsham, and that the
arlate James Marshall the party in this cause did upon
false pretens and quite contrary to the intention of
the producent and notwithstanding the purport of the
bill of Lading Libellate, gett into his possession the
sayd 24 butts and 19 hogsheads of sherry wines, and
that since he the sayd Marshall hath satisfyed the
sayd Beesley the producent for the sayd 24. butts
but hath not at all payd or satisfyed him for the sayd
19 hogsheads of sherry wines, nor for any part therof
The premisses he deposeth well knowing the same
by living as servant with the producent during all the
months Libellate, and by having seene the letters and
accounts aswell of the sayd John Mayne the producents
factor as of the sayd James Marshall the party in this suite
By which letters that which the deponent hath here deposed
did evidently appeare unto him And further he cannot depose/:.

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