| Transcription
|
the sayd shipp ''Saint John Naptist'' and … the sayd shipp ''Saint John Naptist'' and her ladeing for the use of the sayd Arnold and Elias<br />
Beake and Company and the sayd Sedgewick and Leveret did then make answere to the<br />
sayd Smith and sayd that the examinations and proceedings in the Admiralty Court concerned<br />
not them the sayd Sedgewick and Leveret, for they conceived that Court had nothing<br />
to doe with the matter and sayd they had seized the sayd shipp ad her ladeing<br />
by vertue of their Commission which they had to that purpose and that<br />
they had power enough thereby to condemne the sayd shipp and<br />
goods for lawfull prize and that they had condemned her by a Councell of warr<br />
according to writings they tooke in her, and that without order from the Lord<br />
Protector or the Commissioners of the Admiralty or those they had their Commission<br />
from they would not part with nor deliver neither the sayd shipp nor her ladeing<br />
or they the sayd Sedgewick and Leveret spake words to the like effect, which words<br />
they soe spake upon or about the 24th day of June 1654 in the presence of the witnesses<br />
aforesayd And further saving his subsequent deposition hee cannot depose./
To the 4th article pf the sayd allegation and the schedule therein mentioned<br />
hee saith the sayd Thomas Smith did againe upon the twnty sixth day of<br />
June 1654 in the presence of this deponent and the sayd Garrett and one Edward Gray<br />
demand restitution of the sayd shipp ''Saint John Baptist'' and her ladeing for and on the behalfe of the<br />
sayd Arnold and Elias Beake and Company and to their use, of the sayd Sedgewick<br />
(the sayd Leveret not being then present) who still refused to deliver the same as formerly<br />
hee had donne, and proceeded to cause the sayd goods to bee unladen and to dispose thereof<br />
which the sayd Smith perceiving did upon the sayd twenty sixth of June 1654 after<br />
hee had made such his last demande make a protest for all costs and damages<br />
which the sayd Smith perceiving did upon the sayd twenty sixth of June 1654 after<br />
hee had made such his last demande make a protest for all costs and damages<br />
which should be susteyned by the sayd Arnold and Elias Beake and Company, by<br />
reason of the sayd Sedwick and Leveret their seizure and deteyning and disposeing of<br />
the sayd shipp ''Saint John Baptist'' and her ladeing And hee saith the schedule<br />
arlate now shewed unto him and by him read and perused at the tyme of this<br />
his examination is the very originall protest which the sayd Smith<br />
soe made and caused by a Notary to be drawne in writing in the presence of<br />
this deponent the sayd Garrett and Gray, and this deponent knoweth these<br />
words Thomas Woods at the bottom of the sayd schedule to be his this deponents<br />
owne hand writing, and sawe the sayd James Garrett and Edward Greey likewise<br />
subscribe their names thereto as now they are in testimony thereof And further<br />
saving his subsequent deposition hee cannot depose./
To the 5th article hee saith that hee being at Boston in New England while the<br />
shipp ''Saint John Baptist'' was unladeing did observe that divers baggs of feathers<br />
were unladen from on board her into an open vessell and suffered to lye there<br />
till they were surprized with a violent storme of rayne which continued for<br />
the space of three howers or thereabouts with great violence soe that the sayd<br />
feathers could not choose but receave much damage thereby, And hee saith<br />
that he did alsoe observe and take speciall notice that many Caskes or<br />
punchions of wyne were unladen there from on board the sayd shipp and brought<br />
on shoare in this deponents sight, some whereof were about halfe empty and others<br />
three quarters empty And saith hee heard the Steiresman who was Steiresman of the<br />
''Saint John Baptist'' when shee was taken by the sayd Sedgewick and Leveret and continued in her till her Coming<br />
to Boston and during her stay there, and till shee returned to London, saye, and affirem, that the Company<br />
put into the sayd shipp ''Saint John Baptist'' by the sayd Sedgewick and Leveret did whilst they were unladeing her at Bostond whilst they were unladeing her at Boston +
|
