Difference between revisions of "Team Two test Deposition"

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This page is dedicated to a test on a transcripted deposition.

Initial text of the deposition

HCA 13/71 f.1r Annotate

A.1.

The eleaventh of ffebruary 1655.

Williams and Company against Rowse}
and others}

Examined upon the foresaid allegation

Smith dt.

2.

Aron Estes of Deale in kent Mariner aged
24 yeares or thereabouts sworne and exámined

To the first article of the said allegation hee saith and deposeth
that hee well knoweth the producents mr william williams and others
the producents, and alsoe well knoweth the shipp the Elizabeth and Anne
and of which shipp hee saith the said Mr williams and Company and
were owners or at least freighters the time arlate, at which time
the arlate humphrey hardwick was sopra Cargo or factor of and for
the said producents mr williams and company, and for such as aforesaid
they were respectively commonly accounted and reputed, which hee knoweth
going Masters Mate of and in the said shipp the voyage in question,
on which shee was sett out by the said Mr Williams and company as
owners or freighters aforesaid.

To the second article hee saith and deposeth that in or about the
moneth of September last the said shipp the Elizabeth and Anne
and alsoe the arlate shipp the Caesar whereof one Clement harby
was Sopra Cargo or factor were and remained in the Roade of
Nathalago, whense hee saith they were both bound to Petras
to buy and lade curranse, and the said humphrey hardwick hee saith
was aboard the Elizabeth and Anne in the said Roade as factor
aforesaid, which hee deposeth being present in her and seeing the
premisses.

To the third 4. and 5th and 6 hee saith that the said humphrey hardwick and Clement
harby having in the said Roade of Nathalago agreed to the effect arlate
namely that the Ceser alone should goe to Petras, and that the
Curranse there to be laden should be shared betwixt and before the
account of both their principalls, this deponent was by agreement
betweene the said two factors put aboard the Caser to goe in her
to Petras to the end (as both the said hardwick and harby declared upon
this deponents going out of the Elizabeth and Anne into the Cesar,
that hee this deponent should take an account at Petras of what
Currance should be there laden aboard the Caser, and marke the
one halfe of them for the accompt of the said mr williams and
Company, to be thense brought in the Caeser to Argastall
where the Elizabeth and Anne was to meete and receive the
halfe of the on board her; and saith that in persuance and for
the better effecting the said matter of taking the said currance aboard
the Caser that were to be laden aboard her at Petras for the account
of the said william williams and company, the said humphrey Hardwick
out of the Elizabeth and Anne put aboard the Caser the summe
of three thousand dollers into the custodie of the said Clement
harby

(2) HCA 13/71 f.1v Annotate

harby for the account and as the money of the said William Williams and
Company and for their service to be imployed in the said buying and ladeing
of Currants at Petras as mr harby said and acknowledged which moneys captaine ffudge commander of
the Caesar tooke out of the Elizabeth and Anne, and carried or sent
the same to be put aboard the Caesar of this deponents sight and knowledge,
and as this deponent was informed, the said Captaine ffudge gave
a bill of lading under his hand for receipt of the said moneys of the said
mr hardwick, but this deponent did not see the signing thereof.
And further saith that after the premisses, namely on or about
the twelveth day of September last, the said shipp the Caeser
and therein the said mr harby and this deponent departed from
Nathalgo for Petras, where they safely arived in her the next
day, or very shortly after such their departure, and the said money was
carried alonge with them in the said shipp Caesar, And otherwise
cannot depose.

To the seaventh hee saith that after the arivall of the said shipp Caesar
at Petras, the said Clement harby there bought and procured a
greate quantitie of currans, in the buying and paying for which, hee laid out and
imployed the said three thousand dollers soe received of mr hardwick towards
payment for the same and having soe bought the said currans
hee thereof caused to be delivered unto this deponent (soe specially
paid along to that end) thirtie seaven butts; five Carratels and
three quarterolas of the same, and this deponent tooke and
received the same accordingly, and put them into caske for and on
behalfe of the said hardwick, and marked the same for the
use and accompt of the said mr williams and company with the mark

[4 WITH CIRCLE UNDERNEATH, LH MARGIN]

in the margent, having order from the said mr hardwick upon this
deponents departure from him as aforesaid, to marke the currants hee
should receive with that very marke.

To the eighth árticle hee saith and deposeth that after such this
deponents receipt and possessing himselfe of the said currants for and to the
use of the said William Williams and Company, hee this deponent with
the privitie of the said Clement harby laded and caused the same to be
laded aboard the said shipp the Caesar at Petras, for the said use and
account, to be received and transported therein to Argastall, and
there to be delivered to the said humphrey hardwick or order for the
use and account of the said William Williams and company. And that
it was both by the said harby and this deponent at the time of the said
lading of the said curranse at Petras on board the Caesar, signified
and made knowne to the said ffudge that the same were accordingly
to be delivered at Argastall to the person or order of the said
hardwick for the use and account aforesaid, and the said ffudge tooke
notice thereof and acknowledged the same.

(3) HCA 13/71 f.2r Annotate

To the nineth hee saith that at and upon the lading of the said
curranse aboard the Caesar both the said Clement Harby and this deponent
demanded bills of lading for the same to be signed by the said ffudge
Commander of the shipp and to be delivered to this deponent;
but the said ffudge refused to give and did not nor would give any,
And thereupon the said Clement harby made a protest against
the said ffudge his refusall, all which hee knoweth because
hee was present and sawe and heard the same and sawe the said
mr harby tender a bill (ready filled up for the said curranse) to the
said ffudge to be by him signed, this deponent alsoe urging him to
signe the same.

To the tenth and 11th hee saith that shortly after the said lading the said
currans aboard the said shipp at Petras, shee departed therewith for
Argastall where shee safely arived with the same, and this deponent
and the said harby alsoe went and arived there in her, and there found
the said shipp the Elizabeth and Anne riding with the said humphrey
hardwick in her expecting the Caesars comming, and there the said
hardwick upon the Caesars arivall demanded of the said ffudge
the said thirty seaven butts, five Carateles and three quarteroles
of currans to be delivered unto him to be put onboard the said shipp
the Elizabeth and Anne for the use of his said principalls the
producents, for and the said harby then and there alsoe severall
times required the said ffudge to deliver the same accordingly; all
which notwithstanding, the said William Fudge did not nor would
deliver the same but resolutely denied and refused to deliver them;
The premisses hee deposeth because hee was present and sawe and
heard the same. And being soe come to Argostell hee this deponent
went out of the Caesar and retourned aboard the Elizabeth and Anne
where hee sawe and tooke notice that there was roome amongst to have
taken in and stowed the said curranse and to spare. And otherwise hee
cannot depose.

To the twelveth article and second schedule annexed hee saith and
deposeth that hee very well knoweth the hand writing of the said
Clement harby, and verily beleeveth the said schedule to be all of
his hand writing, and to be by him subscribed. And otherwise saving
as aforesaid hee cannot depose.

To the 13th article and three schedules annexed now showed unto him
hee saith that the same was and is the true and originall Invoice
of and for the said Curranse under the said harby, and was
alsoe as hee beleeveth usually written and subscribed by him, and
as hee beleeveth delivered by him to the said hardwick. And otherwise
hee cannot depose.

To the 14th hee saith that the said ffudge after receipt of part of the
said curranse aboard confessed and acknowledged that hee was to carry
them to Argostell and there to deliver them to the said shipp the Elizabeth
and Anne. And otherwise hee cannot depose saving as aforesaid.

To the 15th hee saith that the said Clement harby at Petras had
and

(4) HCA 13/71 f.2v Annotate

ánd received the like quantitie of curranse for his owne principalls
as were as aforesaid delivered to this deponent and laden aboard the
said shipp Caesar for the accompt of the said william williams and
company namely 37 butts, 5 carrateles and three quarteroles; which
curranse soe alsoe had and received by the said harby for his owne
principalls were alsoe laden aboard the said shipp Caesar at
Petras, of this deponents sight and knowledge, and were as hee
beleeveth brought home in her to this port of london And
otherwise hee cannot depose.

To the Interrogatories. [CENTRE HEADING]

To the first hee saith hee conceiveth mr Alderman langley
mr w[?ych] and mr Moyer to be the said mr williams his company in the
matter in question. And otherwise negatively.

To the second hee saith the said currants were brought by the peoples of
the countrey in boates to the side of the Caesar, some in sacks and the
rest (being the most of them) loose shott in the boates, and this deponent
doth not knowe who had the proprietie of the caske into which they
were steeved, but conceiveth those caskes into which the said curranse
for mr williams and companies accompts were put, were mr
hardwicks caskes for his said principalls, mr harby being (as hee
confessed to this deponent) to find mr hardwick casks for his
currants: and saith the Caesars company and some Greekes, from
the shoare steeved the said currans soe laden for Mr Williams and
company aboard the shipp and that the same were brought part from
Vestichia and part from Lepantei: and otherwise saving as aforesaid hee
cannot depose, saving that those that Mr harby received for his owne
principalls were from Petras, and soe as hee remembreth did one
of Mr Williams and company their carrateles, and Mr harby not having
enough of Petras curranse to make up his halfe, had one boats[?] [XXXX] the other,

To the third hee saith the said Clemant harby (whom this deponent
very well knoweth) was ashore at Petras, but this deponent doth not
knowe either of his or of the said hardwicks being at Lepanto or vestichia
And otherwise hee cannot answere saving as aforesaid./

To the 4th hee saith hee for his part was never Supercargo of
any shipp, neither ever tooke notice of any one exercising
that office or charge, unlesse appointed there to by the owners or
freighters. And otherwise cannot answer

To the 5th hee saith hee this deponent is not nor was mr hardwicks
servant, and that mr harby told this deponent that hee
was to be intertained and accomodated aboard the said Caesar, but
who was to pay for his diet or passage, hee knoweth not,
supposing that he be understood betwixt mr hardwick and mr
harby upon the agreement, nor had this deponent any discourse
with Captaine ffudge thereabout. And otherwise saving as aforesaid
hee cannot depose.

To the 6th hee saith hee sawe the said ffudge carry the said
money out of the Elizabeth and Anne into his boate to bee
carried aboard the Caesar, And otherwise hee cannot depose
not knowing ought of the bill of lading in question, saving as aforesaid.

To the 7th negatively for his part and otherwise hee cannot answer.

To the 8th hee cannot answer saving as aforesaid.

To the 9th hee cannot answer.

To

(5) HCA 13/71 f.3r Annotate

To the tenth hee saith that while this deponent was in the Roade of
Nathalago"Roade of<br /> Nathalago" cannot be used as a page name in this wiki. as aforesaid hee heard of the death of the interrate Consul
ffowke, and there was a rumor that hee was poisoned. And
otherwise hee cannot answer.

To the eleaventh hee saith the said william ffowke was while hee
lived Consull of the Morea for the English nation, and Thomas
Oliver his Vice-Consull, and for such commonly accompted. And
otherwise hee cannot depose.

To the 12th hee saith that the said ffudge was in Nathalago
Roade at the time the contract in question was commonly reported
and said to be made, And otherwise hee cannot depose, saving the
said ffudge there came diverse times aboard the Elizabeth and Anne.

To the Interrogatories in the second place. [CENTRE HEADING]

To the first hee hee saith that of the currance soe received and laden
by mr harby for his owne principalls, there came the most part
aboard steeved from Petras in severall caskes of butts and carrateles
and came there out of warehouses, And otherwise hee cannot
answer. saving as aforesaid.

To the second hee saith that all the said other currants, namely
those that were received and laden for the accompt of mr
williams and company, came from lepante and vestichia as
aforesaid unlesse a carratell or thereabouts as aforesaid that
came from Petras, and that some were brought as aforesaid
by people of the countrey, namely Turkes and Greekes in boates
to the side of the Caesar, and there they received money in
part of payment for the same. And saith that one hammet
Bashaw who was said to have bin servant or Janizary to Consull ffowke
came in one of the said boates, aboard the Caesar at Petras. And
further hee cannot depose./

Repeated before doctor Godolphin.

Aaron Estes [SIGNATURE, RH SIDE]