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licence for the sayd shipp to come within … licence for the sayd shipp to come within command and into the place where shipps<br />
usually trade there, in tymes of peace, when noe warr or difference was betwixt Spaine<br />
and England, And hee this deponent did come aboard the sayd shipp ''ffreindship''<br />
and acquainted the arlate Barnabe houldeing the Master of her that the sayd<br />
Robert Whitby had procured such a license, and told him that hee might safely<br />
bring his sayd shipp as neere shoare there as hee pleased for the more<br />
convenient receiving of such wines as were to bee laden aboard him or to that effect The premisses<br />
hee deposeth for the reasons aforesayd And further to this article hee cannot depose/
To the second article hee saith that of his this deponents sight and knowledge severall English<br />
shipps did come within command and laye neerer the shoare at Mallaga by about<br />
the space of a myle and a halfe than the ''ffreindshipp'' did, and traded there freely having<br />
(as hee this deponent hath heard) procured pratique or licence soe to doe, amongst<br />
which there was a shipp laden with fish which (as hee hath heard) was consigned to the arlate<br />
Mr Edward Bennett And further to this article hee cannot depose/
To the 6th article hee saith, hee knoweth that about two yeares since the foresayd Robert<br />
Whitby having delivered a parcell of wines at the place arlate unto one Thomas Raven Master of<br />
a shipp called the ''Thomas and John'' of Yarmouth, to be shipped on board his sayd shipp<br />
and the sayd Master and Company taking the same and rafting or causeing it to bee<br />
rafted with intente to bring the same aboard his sayd shipp, one butt of wine<br />
of the sayd parcell broke off from the rafte and was lost in the sea for thirteene or<br />
14 dayes space, and then found againe by certayne ffishermen, who had by order of the<br />
then Gouvernour at Mallaga two hundred and odd Ryalls allowed them for their<br />
paines in findeing the same, and this deponent well knoweth that the sayd Thomas<br />
Raven did by a writing under his hand, oblige him selfe to the sayd Robert Whitby<br />
to pay the sayd two hundred and odd Ryalls for (soe paid, to the sayd ffishermen<br />
by the sayd Robert Whitby for finding the same) in London to the Merchant for whose<br />
Accompt the sayd butt of wine was laden, which hee this deponent beleeveth<br />
the sayd Master would not have done, had hee not knowne it to bee the Custome<br />
that after wines are delivered at the [?ploy] into possession of the Master of a<br />
shipp or his Company hee and they stand chargeable with them till they bee<br />
delivered at the Port of their discharge And further to this article he cannot<br />
depose./
To the 9th article hee saith that hee this deponent having heard by some Mariners<br />
of other English shipps lyeing neere Mallaga that certaine wines which were<br />
rafted by the ''ffreindshipps'' company were lost did goe on board the ''freinshipp'' (sic)<br />
to knowe the truth thereof and was by divers of the sayd shipps company<br />
informed that the rafte of wines which they had rafted for<br />
received of the sayd Robert Whitby for Accompt of the arlate ffrancis Lenthall<br />
and George Nutt, was brought safe to their sayd shipps side (though they had<br />
broke loose (as they sayd) once or twice by the way) and that after they had taken<br />
up one butt of the sayd wine and had the same within the tacke of the sayd<br />
shipp the remaynder of the sayd raft of wine (being twenty nyne butts) were<br />
sunck in the sea by the sayd shipps side And further to this article hee cannot depose/
To the rest of the articles hee is not examined by direction of the producents/
Repeated before doctor Godolphin
Samuell Whitby [SIGNATURE, RH SIDE]lphin
Samuell Whitby [SIGNATURE, RH SIDE] +
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