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hee understood (as hee confessed hee did) … hee understood (as hee confessed hee did) that by Charter partie<br />
the said shipp was to stay there fourtie dayes if neede required,<br />
and if soever dispatched, then to proceede with the first winde;<br />
And much hee stormed and did chide at mr ffernandez his<br />
sending, when as hee (as hee said) had written him word<br />
that there were noe wines to be had, and soe certainly did<br />
the said don Christofer knowe that there was noe lading for<br />
them, that hee began to speake thereof within few dayes<br />
after their arivall, and assoone as the pipestaves were delivered<br />
namely by such time as they had bin there about three<br />
weekes space (and not more as hee beleeveth) had plainly<br />
declared that there was noe lading for the said shipp, and that<br />
hee would protest against them if with all speede they did<br />
not depart, and did at length accordingly protest, and soe did they [?XX GUTTER]<br />
against him for not being reladed and that hee would stay his time, and yet in [?XXXX] after neere about<br />
a monethes space that the said shipp had bin there, and that<br />
the said master and this deponent, had used all diligence for<br />
their relading, they were forced to depart and come<br />
away quite dead freighted, hee the said factor don Christofer<br />
urging and hasteneing them away, and on or about the fourteenth<br />
of May last that they came thense, hee gave that master a<br />
letter to the said mr ffernandez open purporting his discharging<br />
the said shipp away without lading because there was none<br />
to be gotten or to that effect. And being never shewed the letter<br />
annexed, hee saith hee verily beleeveth it to be the same letter<br />
soe sent from the said don Christofer, which this deponent sawe<br />
him write and subscribe in his counting house at or neere<br />
Oratava. And otherwise cannot depose.
To the seventh article hee saith that the said shipp the ''Sea ffortune''<br />
was and is of the burthen of three hundred and fiftie tonnes or<br />
thereabouts, and could very well and conveniently have brought<br />
450 pipes of wine (at least) from the Canaries, and would<br />
have brought the same if the said factor or other would have<br />
laded the same aboard her, which hee knoweth having sailed in<br />
her and tooke notice of her burthen.
To the eighth hee referreth him selfe to the Charterpartie<br />
made for the said voyage. And otherwise hee cannot depose.
To the nineth hee cannot depose.
To the tenth hee saith the said owners have suffered much in<br />
charges and otherwise to the not payment of the freight unto them<br />
for the said voyage, by the said freighter. And otherwise hee cannot<br />
depose.
To the Interrogatories. [CENTER HEADING]
To the first hee saith the said mr de haze spake to him to come<br />
and testifie the truth of his knowledge in this matter, wherein hee<br />
saith hee hath noe interest at all, and otherwise negatively.
To the second hee saith hee would give the victory in this cause indifferently<br />
to the parties if it were in his power, and otherwise negatively.
Ton his power, and otherwise negatively.
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