HCA 13/65 f.7r Annotate

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12th July 1651.

The claime of the foresaid Lucas Jacobs}

Examined upon the allegation aforesaid.

3us.

Otto Pape of hamborowe Mariner, Skipper of the
Boyer the White Dove of hamborowe, aged 47 yeares or
thereabouts sworne and examined.

To the first article of the said allegation hee saith and deposeth that within the
time arlate and more particularly
at the time of the lading and seizure of
the wheate in question, the producents Lucas Jacobs marchant of London and
Jacob Peterson of h[?artigXX] in ffreezeland marchant were and are and ought
to be the true and lawfull owners and proprietors of the sad boyers lading
of wheate arlate and soe commonly accompted, which hee knoweth being master
of the said boyer when the same was laden and seeing the lading thereof
and being specially made acquainted that the same was for the accompt
aforesaid, And otherwise hee cannot depose.

To the secondm third and fourth articles hee saith and deposeth that within the said
time and more particularly about the eigth of Aprill last
Abraham Stockman of hamborowe marchant to and for the use of the said
producents did lade and put aboard the said boyer the White dove at
hamborowe the quantitie of 68 lasts of wheate to be thense carried and
transported in the said boyer to this port of London, and here to be delivered
to the said Lucas Jacobs or assignes for the accompt aforesaid, and soe much
(videlicet that the same was for the said accompt and soe to bee delivered) was expressely
declared unto him this deponent both before and at the time of the said lading)
by the said Stockman, And hee saith that after the recept thereof this deponent
and company departed with the said boyer and lading for London, but in
their course comming off the coast of England betwixt yarmouth and
Alfernesse, they were mett with and taken by a Scotchman of Warr on the
30th of Aprill last (old stile) and the said vessell and wheate being soe taken
the Scots man tooke out this deponent and three others of his company out of
the boyer into the man of warr, and putt some of his owne company into her
and sent her away for Scotland. And otherwise hee cannot depose, savin
that as hee hath heard the said boyer was retaken by one of the Parliaments
frigots and carried for leith in Scotland, and saving hee well knoweth the
said producents./

To the fifth and sixth hee saith that the said boyer and corne laden at hamborowe
and bound for London, and the boyer and corne seized by the said Scots man of warr
were and are the same boyer and corne, yeilding a [XXXX] of his knowledge as
aforesaid, and otherwise hee cannot depose saving the said Lucas Jacobs was and
is a subiect of this commonwealth, betwixt which and hamborowe there
was and is peace and amitie.

The Interrogatories. [CENTRE HEADING]

To the first hee answereth that a fourth or quarter part of the said boyer
belongeth unto him this examinate, touching the rest hee referreth himselfe to his
foregoeing deposition.

To the second hee saith that there was noe charter partie or bill of lading for the
said wheate, the said Stockman only giving this deponent directions to carry the
said wheate and deliver it at London for the accompt aforesaid, and [?that] hee being
alsoe a part owner of the shipp and having often imployed this deponent as master
and part owner, and being well assured of his faithfulnes, doth not use to
make any bill of lading or Charter partie for the like voyages, and otherwise
hee cannot answer saving as aforesaid.

To the third hee referreth him selfe to his foregoieng deposition and otherwise cannot answer

To the 4. 5. 6. 7. 8. 9. 10. and 11th hee saith that there were only 2 men and a boy of his
this deponents company left in the boyer upon the said seizure by the said Scots man of warr
who (as hee heard) put 6 of his owne company in her to carry her for Scotland
where hee beleeveth the said wheate had bin lost and made prize, but the [?said]
Captaine of the said man of warr presently upon the seizure told him this deponent
that hee should have his shipp againe free, and if hee would declare that hee was
bound with the said wheate for London, hee should alsoe have his freight.
And