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The same day [CENTRE HEADING]
Examined on … The same day [CENTRE HEADING]
Examined on the sayd allegation./
'''3'''
'''Beniamin Bathurst''' of London Merchant aged 19 yeares or<br />
thereabouts a wittnes sworne and examined saith and deposeth as<br />
followeth videlicet./
To the first and second articles of the sayd allegation and the Transfereance therein mentioned hee saith that hee lived at Sivill in<br />
Spaine for the space of a yeare and somewhat more ended about August 1655 last in<br />
house with one Mr Anthony Upton who and his Company videlicet his brother Gilbert<br />
Upton and Gerrard LLoid were then Correspondents to, and Agents of the Arlate<br />
Christopher Boone, who as this deponent in the tyme of his residence at Sevill<br />
heard) was a great trader and had great correspondence and dealings with severall<br />
Merchants within the dominions of Spaine, and lived there at Sevill him selfe diverse yeares<br />
And saith that in the yeare 1654 hee liveing in howse at Civill with the sayd<br />
Anthony Upton and being by him imployed about his Merchandising affayres hath<br />
by that meanes severall tymes seene and perused the sayd Uptons bookes of<br />
Accompts, and thereby did finde that the sayd Anthony Upton had in the yeares 1653 and<br />
1654 receaved great quantities of goods from the sayd Mr Boone and for his<br />
Accompt, and had disposed of them unto daniell de Leon and ffrancis Pannique<br />
(Correspondents and Agents at Civill for the arlate Adrian Goldsmith of<br />
Antwerpe) for Accompt of the sayd Goldsmith, and by the sayd bookes of the sayd Upton<br />
it did to this deponent appeare, that in the yeare 1654 upon an Accompte<br />
made betweene the sayd Upton, de Leon and Pannique, touching goods<br />
sent by the sayd Boone and by the sayd Upton sold as his Agent to the sayd de Leon and<br />
Pannique Agents of the sayd Goldsmith for Accompt of the sayd Goldsmith<br />
the sayd Adrian Goldsmith was really indebted to the sayd Christopher Boone<br />
in the summe of two hundred thousand Ryalls plate, And saith hee hath seene<br />
letters of Correspondence bearing date in the yeare 1654 and not long after the<br />
moneth of November that yeare, sent by the sayd Boone to the sayd Anthony Upton<br />
declareing that the sayd Goldsmith had in satisfaction of the two hundred<br />
thiusand Ryalls aforesayd which hee was indebted to him the sayd Boone<br />
made an Assignement of Transference of certayne barrs of silver and peeces<br />
of eight and certayne quantitie of Cutcheneale which which the sayd Goldsmith<br />
had caused to bee laden aboard the ''Sampson'' ''Saint George'', the ''Salvador'' and ''Morning''<br />
''Starr'', and that hee the sayd Boone had accepted of the sayd Transference or Assignment<br />
And therefore they should take notice thereof or to that effect, And this deponent did<br />
afterwards see and observe by the bookes of Accompt of the sayd Upton that the sayd debt of<br />
two hundred thousand Ryalls owing by the sayd Goldsmith was entred as [?discharged GUTTER]<br />
by reason of the Transference made as aforesayd, which letter of Correspondence<br />
sent by the sayd Boone to the sayd Upton touching the sayd Transference, and the [?discharge GUTTER]<br />
aforesayd made in the sayd Uptons books for discharge of the sayd Goldsmith from the<br />
debt hee this deponent soe sawe before the difference happened betwixt<br />
England and Spaine, and therefore beleeveth that the sayd Transference was made<br />
really made before the sayd difference happened and for touching the silver and Cutcheneale<br />
afterwards seized in the Sampson Salvadoe Saint George and Morning Starr, and further<br />
referring him selfe to the Registry of this Court hee cannot depose
To the third hee saith hee referreth him selfe to the Registry of this Court<br />
and further cannot depose thereto./
To the 4th hee saith hee hath observed for these 3 or 4 yeeres wherein hee hath<br />
bin imployed in merchandizing affayres that it is a thing frequent amongst<br />
Merchantsing frequent amongst<br />
Merchants +
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