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hee well knoweth that an English shipp lad … hee well knoweth that an English shipp laden with newfound<br />
land fish and consigned to the arlate Mr Bennett (the shipps name hee knoweth<br />
not) and alsoe an other English shipp called<br />
the ''Pilgrim'' laden alsoe with ffish and consigned to one Mr Thomas Bande an English<br />
Merchant and other English shipps did at the tyme the arlate Shipp the ''ffreindshipp''<br />
lay in the Road of Mallaga the voyage in question come under Command<br />
there, and laye there as neere as usually English shipps used to ride in tymes<br />
of peace betwixt England and Spaine, and did of this deponents sight and knowledge<br />
enioye freedome of trade there, their ffactors or ffreighters having [?procured]<br />
of the Governour and other officers of the King of Spaine at Mall[?e]ga pratique or<br />
licence for their soe doeing, And hee this deponent well remembreth the sayd<br />
shipp ''Pilgrim'' while shee soe laye in the Roade of Mallega under Command<br />
and after shee had discharged a great part of her ladeing of fish there and<br />
had taken in some wines, was there seized by a Spanish man of warr which<br />
came into the sayd Roade, and the Englishmen on board her turned out of her, And<br />
hee saith hee well remembreth that complainte being thereof made to the<br />
Governour of Mallega and it<br />
being made appeare to the Gouvernour that shee had pratique or licence to<br />
trade here, the Gouvernour came downe in person the next day after her<br />
being soe taken and discharged all the English men of such restraintes as they were under and put them into<br />
quiett possession of their said shipp the Pilgrim againe, and turned the Spaniards<br />
out of the same, and permitted her to continue there quietly and take<br />
in the rest of her ladeing of wines which shee was there to receave on board<br />
This hee deposeth being then an English ffactor at Mallega and being<br />
an eye wittnes there of And further hee cannot of his knowledge depose<br />
but hath heard that the arlate Whitby did procure pratique in the like<br />
kinde for the shipp ''ffreindshipp''./
To the 3 hee cannot depose saving hee saith hee knoweth the shipp ffreindshipp<br />
arlate and the arlate Barnaby holding her Master, and saith the voyage in question<br />
shee lay in the Roade of Mallega two or three myles from shoare to take<br />
in her lading there./
To the 4th and 5th hee cannot depose/
To the 6th hee saith that at Mallega aforesayd it is commonly accompted<br />
to be the use and Custome that when and parcell of wines is delivered at<br />
the Ploy there into the possession of the Master of any shipp or any of his<br />
company; the sayd Master and his Company and owners of his shipp are<br />
chargeable with the sayd wines till the delivery of them at their port of<br />
discharge, and if they the sayd master and company rafte the sayd wines off<br />
from shoare towards their shipp hee and his Company or Owners are to<br />
make good to the parties for whose Accompt the sayd<br />
wines are delivered to them, all damage which happens by rafting the sayd<br />
wines and to make them good if any of them bee thereby lost in the sea and [?come ?not GUTTER]<br />
safea and [?come ?not GUTTER]<br />
safe +
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