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To the first article hee saith and deposet … To the first article hee saith and deposeth that hee hath<br />
seene the Charter partie arlated and was privie to the contract<br />
therein contained, and to the making thereof by and betweene the<br />
producent Isaac Tailer on the one part, and the arlate John<br />
Southerton and Thomas Bernard on the other part, all which<br />
persons hee this deponent then well knew and was acquainted<br />
with them, And otherwise hee cannot depose.
To the second article hee saith that with the first good winde after<br />
the making of the said Charter partie, and in persuance thereof<br />
namely on or about the sixth day of March 1652 English stile<br />
the said Isaac Tailer sett saile from this port to goe with<br />
the shipp arlate the ''Abraham'' (whereof hee was commander or<br />
master) for Cadiz in Spaine and with the said shipp arived<br />
there on or about the fifteenth of Aprill then next following,<br />
which hee knoweth because hee this deponent in the shipp the<br />
''Thomas'' (whhereof Thomas Yokely was master and bound for the<br />
same port) went passenger in her company, and that the arlate Thomas<br />
Bernard went alsoe a passenger in the said shipp the ''Thomas'', the<br />
said Bernard and this deponent being factors for that voyage for<br />
both the said shipps, but comming off the Straights mouth the<br />
said shipp the ''Thomas'' was chased by a Turkes man of warr and<br />
forced for succour to put into ffaro, and soe it was about three dayes<br />
after the arivall of the ''Abraham'' in Cadiz that the said shipp the<br />
''Thomas'', and therein the said Bernard and this deponent came and<br />
arived alsoe at Cadiz, namely on or about the eighteenth of<br />
Aprill next following their said departure from this port.<br />
And further saith that shortly after the arivall of the said Bernard<br />
in Cadiz, namely on or about the 20th of May 1653 (old stile)<br />
the said Bernard and Tailer came to a new contract, or agreement<br />
and waving and laying aside the foresaid Charter partie, the said Thomas Bernard<br />
for himselfe and the said S[?atheron] on the one in persuance<br />
of the said new contract did lade aboard the said shipp, and the<br />
said Tailer the other partie to the said new contract did receive<br />
aboard her 35 tonnes of salt, one and thirtie butts of sherry<br />
wine, and two butts of [?tent]; And that the said Bernaard upon<br />
the said lading did order and impower the said John<br />
Tailer under his owne hand to depart from Cadiz for dublin<br />
in Ireland and there to dispose and doe with the said goods<br />
in all things as in the schedule annexed (and nowe showed unto<br />
him) is contained and this hee saith was and is true and publique,<br />
all which hee knoweth being present and privie to the said<br />
new agreement, and by the said Bernards order drawing the<br />
same up with this deponents hand,<br />
And saith the said Chaarter partie was thereby intended<br />
to be waved and laid aside, inasmuch as they contracted for a<br />
newe as they contracted for a<br />
newe +
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