HCA 13/72 f.67r Annotate

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Transcription

A5

The eighteenth of June 1657.

The claime of Antonio da ffonseca da}
ffranca for his goods in the Virgin Mary}
and All Saints of Catagena. ffrancklin Budd.}
Exámined upon an allegation given in on the
behalfe of the said claimer the 9th of this
instant.

.j.

Diego de La Baton of Sevill Master of the shipp
the Virgin Mary and All Saints of Cartagena, aged
33 yeeres or thereabouts sworne and exámined.

To the first árticle hee saith hee well knoweth the producent Antonio
da ffonseca da ffranca and hath soe donne for theise fourteene monethes
last or thereabouts, and that the said producent is commonly reputed a
native of ffarnambuco in Brazila in the dominion of the king of
Portugall, And other wise hee cannot depose.

To the second hee saith the producent is commonly esteemed a subiect
of the king of Portugall.

To the third hee saith that hee this exáminate hath seene
papers in the hands of the said producent declaring his being a lieutenant
in service of the said king of Portugall in the Warrs arlate; and to have served in the
said warres and imployment and to have lived at Angola hee was and is
commonly accounted and reputed.

To the fourth hee saith that for all the time arlate and to this present
there have bin and are certaine shipps (commonly called permission shipps)
which notwithstanding the warrs betweene the kings of Spaine and
Portugall, have and doe by mutuall permission of the said respective kings officers
usually goe and trade from Cartagena in the West India's in the dominion
of the king of Spaine to Angola in the dominion of the said king of
Portugall, and from Angola to Cartagena and other parts of the West
Indias in the subiection of the said king of Spaine, in carrying
Blackmores, slaves and other Merchandizes and bartering the same
in the West Indies, and retourning hides, tobaccoes, tortoise shells, and
plate thense to Angola, and this hee saith is publique and notorious.
And further hee cannot depose.

To the fifth hee saith hee well knew the shipp the Lady of Conquest
arlate and John Rodrigues da Calderon her commander, and sawe her
(being a permission shipp and having license to that purpose) depart
from Cadiz on the voyage arlate for Angola, whense shee was
bound for Cartagena aforesaid, and this deponent being at Cadiz did
assist the said Captaine Rodriguez in his dispatch thense, and thereby
to know the distance of her voyage as aforesaid, And saith that shee was
againe to retourne from Cartagena to Angola, And this was and is
true and notorious. And otherwise hee cannot depose.

To the sixth hee saith hee hath seene the license of the Governour of
Angola graunted to the said Antonio da ffonseca da ffranca in the yeere
1655 for his departure thense in the said shipp for the West Indies in
a trading voyage for his owne account

To the seaventh and eighth hee saith that the said producent brought the said
voyage from Angola to the West Indies about fiftie Negroes for his
owne account, which hee knoweth for that the said shipp the lady of Conquest wherein hee went touched at
Comana in the West Indies, where this deponent then was, and sawe
the said producent and Negroes, and there saw him dispose of some of
them

Summary of the Admiralty Court Deposition Dated June 18th, 1657

[GENERATED BY CHAT GPT-4]

Facts of the Case:

Claimant: Antonio da Fonseca da Franca is claiming ownership of goods aboard the ship "Virgin Mary and All Saints of Cartagena."

Claim Background: Antonio is reputedly a native of Farnambuco, Brazil, under Portuguese dominion, and a subject of the King of Portugal. He has been recognized as serving as a lieutenant in the Portuguese king's service.

Voyage and Trade: Antonio undertook a voyage from Angola to the West Indies, transporting about fifty slaves on his own account. This trade involved carrying slaves and other merchandise from Angola to Cartagena and exchanging them for hides, tobacco, tortoise shells, and plate to be returned to Angola.

Goods in Question: The goods claimed include forty-nine potacos of tobacco, six hundred sixty-three hides, and four chests of tortoise shells. These were loaded onto the "Virgin Mary and All Saints of Cartagena" for transport to Spain (Saint Lucas, Cadiz, or Saint Sebastians) for Antonio's account.

Seizure: The ship, along with the goods in question, was seized by a frigate in the service of the Commonwealth off Cape Finisterre, with the cargo then brought to the Thames.

Disputed Facts:

Ownership and Origin of Goods: The deposition details Antonio's role and investment in the goods, asserting his sole ownership, particularly emphasizing that no Spaniard or subject of the King of Spain has any interest in these goods.
Legality of Trade and Transport: The trade and transport activities, despite the ongoing war between Spain and Portugal, were conducted under permissions granted by the respective authorities, allowing for such exchanges even in times of conflict.

Legal Issues Raised:

Ownership and Propriety: The claim centers on establishing Antonio da Fonseca da Franca's ownership of the goods seized by the Commonwealth's frigate. This involves demonstrating his procurement of the goods with his resources and their loading onto the ship for his account.

Legitimacy of Trade: The deposition touches upon the broader legal issue of conducting trade between warring nations under special permissions, highlighting the complexities of maritime law and the rights of merchants in such contexts.

Legal Issues Disputed:

The deposition does not explicitly detail disputes over legal issues but implicitly addresses potential concerns regarding the legality of Antonio's trade activities and the subsequent seizure of his goods. The emphasis on permissions and licenses seeks to preempt or counter any arguments against the legality of his trading activities.

Summary:

This Admiralty Court deposition documents the claim by Antonio da Fonseca da Franca over goods seized from the ship "Virgin Mary and All Saints of Cartagena." Antonio, a Portuguese subject, asserts ownership of the cargo, detailing his trade activities between Angola and the West Indies and the eventual seizure of his goods by a Commonwealth frigate. The case highlights issues of ownership, the legality of trade under permissions during wartime, and the rights of merchants in international waters.