HCA 13/72 f.113r Annotate

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canvas on which the said markes were made, were fast sewed to the
said respective potaccoes of tobaccoe, and for the markes of those
belonging to the producent hee referreth himselfe to his deposition formerly
made in this cause, and for the rest some (namely
about 92 to his remembrance) were marked AD, about 22 marked
SL, and eighteene or thereabouts marked .S. The rest being
many, and of severall markes, and it being long since the
lading, hee doth not without booke remember, and hee saith
that all the markes were firmedly on at the time of the seizure,
but since by rummaging and tumbling and tugging the tobaccoe,
there may probably some of the markes be rubbed or torne off,
hee beleeveth that if the tobaccoes had bin carefully taken out or
unladen, and by such as would have desired or endeavoured to
preserve the markes upon them, the markes had bin remaining and
visible at the time of the restitution, ordered by this Court.

To the last hee cannot answer saving as aforesaid, and saving the
boatswaine of the shipp ttooke notice in counting of the particulars
and markes, as alsoe his contest the Captaine don diago da la Baton.

William Martyn SIGNATURE, LH SIDE

Antonio , XX de messa SIGNATURE, RH SIDE

*******************************

To the 7th of September 1657.

Examined upon the fore said allegation.

2.

Don Diego de la Baton of Sevile Master of
the said shipp the Virgin Mary and All Saints of
Cartagena, aged 33 yeeres or thereabouts
sworne and exámined.

To the first article hee saith and deposeth that besides the
nine and fourtie Potacco's of tobaccoe laden for the producent
Antonio da ffonseca aboard the said shipp the voyage
in question, there were at the least foure hundred more or
other potaco's of tobaccoe laden aboard her of his sight and
knowledge being master of her and taking notice of the
said lading, and saith that áll the said severall quantities of
tobaccoes, both that which was laden by and for account of
the said producent as aforesaid and the said other foure hundred potaccoes
at least laden upon other accounts, were brought in the said
shipp from Cartagena the voyage in question, and were all aboard
her at the time of her seizure by the shipps of this Comonwealth,
and came to the hands of the Commanders or officers in the
service of this Commonwealth, All which hee knoweth being
commander of her at the time of the said seizure and being then
aboard