HCA 13/67 f.166v Silver IMG 117 07 1743 Annotate

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Transcription

To the second third fourth and 5th articles of the said Allegation and to the charter
partie or schedule in the second article mentioned and now shewed into
him hee saith and deposeth. That in or about the Moneth of September
last past the said John Temmincke did by Charter partie dated upon or
about the thirteenth day of the said Moneth of September (New stile) duely
made and interpreted before a Notary Publique honest and authentique in Hamborowe
hire and take to fraight of this deponent the ship the Saint John Baptist
arlate (whereof this deponent then was and now is master and comander) then
lyeing at Hamborough to take in and carry from thence her ladeing of wheat
for Bayon in ffrance there to unlade the same and to lade wines
and other goods thereupon att the [?XXX] merchants pleasure and to bring the same both
to Hamborrow according to the contents of the Charterpartie annexed which hee saith
was and is the very Originall Charter partie which was made signed and sealed and
soe interpreted as aforesaid for the said voyage; the contents whereof hee saith were
and are true and were really and truly soe had and done as therein now appeareth which hee
knoweth being one of the parties thereunto and having the said Charter partie with him on
bord the said ship when she was seized. And saith that accordingly the said
producent in the said moneth of September did lade and put on board the said
shippe the number of about seaventy five lasts of wheat with which this deponent
sett saile from Hamborough towards Bayon and there safely arrived therewith in or about the moneth of November last past
and delivered the same unto the arlate Nicholas Elen the factor or correspon
=dent of the said producent for him the said producents account and the partie to whom this deponent was consigned
who tooke and receaved the same of and from this deponent for the use and
accompt of the said John Temmincke who was at the said tyme of
deliverey the true and only owner thereof, which said wheat hee saith was
of this deponents knowledge sold away and disposed of accordingly by the said
Nicholas Elen. which hee knoweth for the reasons by him predeposed. And
further cannot depose.

To the 6th and seaventh articles of the said Allegation hee saith and deposeth
that after the said unladeing and delivery of the said wheate unto the
said Nicholas Van Elen at Bayon hee the said Van Elen in or
about the moneth of December last past did lade and put on bord
the said shippe the Saint John Baptist at Bayon the number of
One hundred and fifteene Tonnes and a halfe of [?Tyasame] Wines all
full and well conditioned and marked as in the margent to bee transported
from thence in the said ship to Hamborough for the accompt and adventure
of him the said John Temmincke who at the tyme of the said ladeing
thereof was and still is the true and lawfull Owner and Proprietor
of all the said wines which hee saith in this deponents sight and presence
were by the said Van Elen procured bought and paid for by and with
the moneyes for which the said Corne or Wheat was sold and with the
proceede of some other effects which the said Van Elen then had in his
hands belonging to the said John Temmincke, And soe much hee
saith the said Nicolas Van Elen at the tyme of the ladeing thereof
on bord the said ship and severall tymes before did [?XXX]
and signifie unto this deponent who then was master of and abord
the said ship and sawe both the buying and ladeing of the said wares [?all]
for the accompt aforesaid And further cannot depose

To