HCA 13/65 f.33r Annotate

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The [?30th] of August 1651.

The claime of John Baptista and company}
Merchants of Middleborowe for the shipp)
the ffortune and her lading.}

Smith. dt. [XXXX]

Derrick Jantsen of fflushing in Zealand Merchant
aged 43 yeares or thereabouts sworne and examined.

To the first and second articles of the said allegation hee saith and deposeth that
hee this deponent well knoweth the producents John Baptista and company
and saith they have bin for all the time arlate owners and lawfull proprietors
of the said shipp the ffortune and of her tackle apparell and furniture, and
are soe at this present, and alsoe that from the time of buying and lading
the goods (saving what followeth) and for sole proprietors of the said shipp and goods as aforesaid
they have bin and are commonly accompted and reputed. And further saith
that in the moneth of September last (old stile) the said producents sent out
and imployed the said shipp the ffortune from the port of Middleborowe
for Virginia on a trading voyage for their use and accompt, and thence
to retourne againe for Middleborowe, and saith that the said shipp carried
in her outwards to Virginia a cargazon of goods to be there disposed of
and the retournes thereof to be thence brought in tobaccoes to Middleborowe,
All which hee saith hee knoweth to be true because hee went out marchant
or supra caro in the said shipp the said voyage from Middleborowe in the
service of the said proprietors, and was thereby made acquainted with the
whole designe of the said shipps voyage. And otherwise hee cannot depose.

To the third and fourth articles hee saith and deposeth that the said shipp the
ffortune the said voyage arived at Virginia outwards bound on or about the
17th day of November last (old stile) and not before, and then and there
began to dispose of her outwards lading, and to gather in debts, which before
that time were there remayning due to the said producents, and to receive
in as fast as shee could conveniently her homewards lading, and saith at
the said time there was there noe newes or speech at all that the Parliament
of England had forbidden or prohibited trade or commerce with the
Inhabitants of Virginia either by act or otherwise, which hee knoweth
going marchant as aforesaid of the said shipp and ariving there in her. And
otherwise hee cannot depose.

To the fifth article of the said allegation hee saith and deposeth that the said
shipp the ffortune after her arivall at Virginia did take in and [?procure GUTTER]
all her lading of tobaccoes for the accompt aforesaid by the 16th of March
last old stile, and that after that date there were not any tobaccoes or
other marchandizes or goods whatsoever bought or provided for her said
lading, they being as hee saith all provided, marked and prepared for the
said lading before that time, and after the same there was noe trafique
or marchandizing exercised or done for or in regard of the said shipp
or her owners, nor were there any goods or marchandizes laden unladen
or disposed of out of the said shipp after the said day, which hee knoweth
for the reasons aforesaid, And otherwise hee cannot depose.

To the sixth article hee saith and deposeth that the master nor any other of
the shipp the ffortunes company had not any the least notice or intelligence
either at Virginia or elsewhere, that the Parliament of England had
forbidden traffique in those parts or sett out an Act against it till after
such time as all their tobaccoes and goods were made ready, and provided, and
till after all their traffique and marchandizing was fully finished, and that
the master and company were fitting and preparing the said shipp with
necessaries and were taking in their water and provisions for her homewards
voyage. And that then and not before, videlicet on or ne[?e]re about the
said