HCA 13/72 f.477r Annotate

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said Policarpio de Oliveira, and that the said fernandez
thereby was and is deprived of his said goods. The premisses this
deponent knoweth, first by letters of severall Merchants of Portugall
sent to their Correspondents here and in ffrance, which letters this deponent
hath seene importing the seizure of the said goods upon such
pretence as aforesaid, and also by advise sent from the Master
of the said shipp to the same effect, and by the said Masters owne
affirmation, since he returned for England with the said shipp
empty for and by reason of the accident aforesaid, And further
saieth not to this Article./

To the eighth article of the said Allegation hee saieth, That he is
well assured, that in realitie and trueth, The said Policarpio
de Oliveira at the time of the buying lading or seizure of the
said sugars, shumackes and Tobaccoes had not any part share or
interest in the same, but that the same were really and truely
bought provided and laden for the use and accompt of him the said
fernandez for and with the proceed of the said fish, and by vertue of and in
conformity to the order before expressed, and that hee the said
ffernandez alone must and doeth beare the hazard and adventure
of the same. Which the premisses this deponent is well assured
of, both by the Contents of the said Policarpios letter of advise (before
the said seizure and his restraint) written and sent to the
said fernandez concerning the same, by which the said de Oliveira
clearely declared (as this deponent hath seene and well observed in and
by such advise) that the said sugars shumack and Tobaccoes were
for the accompt proper of him the said fernandez, and
with the first conveniency after the receipt of such advise this
deponent in the quality of assistant as aforesaid, and by the order
and in the name of the said fernandez, did write and send
advise to the said Antonio Rodrigues de Morais, and Raphael
and Jeronimo Rodrigues Lamego to the same effect. And further
to this article he deposeth not./

To the nyneth article hee saieth, That the said Antonio fernandez
Caravajal hath by reputation and Correspondence been knowne
unto this deponent by the space of 22. yeares or thereabouts, and
in person all which time the said Antonio ffernandez Caravayal
hath beene constantly reputed a Merchant and inhabitant of
this City of London, and that he the said fernandez was and is