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'''B:5:'''
Andrew Beesly against James}&l … '''B:5:'''
Andrew Beesly against James}<br />
Marshall. Clements. Cheeke}
Upon the Libell.
On the 22th of August 1656.
'''Rp.'''
'''Richard Nene''' of Saint Thomas the Apostle<br />
London Merchant, aged about 26 yeares a<br />
wittnes produced, sworne and examined deposeth<br />
as followeth videlicet.
To the first and second articles of the sayd Libell and<br />
to the bill of Lading in the said second article mentioned<br />
he deposeth and saith that he this deponent dwelt or<br />
resided on the nineteenth day of November 1655 arlate<br />
at Shereez, about three leagues distant from the bay<br />
of Cadiz in Spayne, where the libellate shipp the<br />
''ffortune'' of Topsham then lay, and he sayth that he<br />
being there doth very well know that the arlate<br />
Andrew Beesley did then live at the sayd Citty of<br />
Shereez as a Merchant, and that on or about the<br />
sayd day videlicet the 19th of November 1655 arlate the<br />
sayd Beesley did shipp aboard the sayd shipp the<br />
''ffortune'' of Topsham twenty fower Butts of sherry<br />
wynes and nineteene hogsheads of sherey wines for his<br />
owne proper use and account, and that they were<br />
marked as is schedulate and libellate, and consigned<br />
to Mr John [?Maine] of Exeter Merchant, and that he<br />
this deponent now perusing the said schedule or bill<br />
of lading for the sayd wynes saith that it is the bery<br />
same bill of lading which the arlate Walter [?ffurlie] did<br />
signe for the sayd wynes, of this deponents certaine<br />
knowledge, who saw the said ffurlie signe the same,<br />
And he saith and deposeth further, that by his acquaintance<br />
with the sayd Mr Beesley he came to well know and<br />
understand that he the sayd Beesley did buy the said<br />
wynes at Sherreez of Don Andrey [XXXXX] De Leon<br />
and of Lisenshad Camarchio, and for which wynes he<br />
the deponent did see the sayd Beesley pay the said<br />
Spaniards and was alsoe present<br />
at the Customehouse of Shereez when the sayd<br />
Beesley tooke dispatches for the foresayd wynes And<br />
further he knoweth not to depose./
To the third and fourth articles he deposeth and saith that<br />
the sayd 24 Butts and 19 hogsheads of sherey wynes<br />
did come unto the hands or was received by the arlate<br />
James Marshall the party in this suit, and that he<br />
this deponent being come into England and requested<br />
by his freind the producent to treate with him<br />
the sayd Marshall concerning the sayd wynes,<br />
and that he the sayd Marshall hath by his letters<br />
written unto this deponent acknowledged that the sayd<br />
24 butts and 19 hogsheads of sherry wynes were by<br />
himds of sherry wynes were by<br />
him +
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