HCA 13/70 f.55v Annotate
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To the first article hee saith and deposeth that hee hath
seene the Charter partie arlated and was privie to the contract
therein contained, and to the making thereof by and betweene the
producent Isaac Tailer on the one part, and the arlate John
Southerton and Thomas Bernard on the other part, all which
persons hee this deponent then well knew and was acquainted
with them, And otherwise hee cannot depose.
To the second article hee saith that with the first good winde after
the making of the said Charter partie, and in persuance thereof
namely on or about the sixth day of March 1652 English stile
the said Isaac Tailer sett saile from this port to goe with
the shipp arlate the Abraham (whereof hee was commander or
master) for Cadiz in Spaine and with the said shipp arived
there on or about the fifteenth of Aprill then next following,
which hee knoweth because hee this deponent in the shipp the
Thomas (whhereof Thomas Yokely was master and bound for the
same port) went passenger in her company, and that the arlate Thomas
Bernard went alsoe a passenger in the said shipp the Thomas, the
said Bernard and this deponent being factors for that voyage for
both the said shipps, but comming off the Straights mouth the
said shipp the Thomas was chased by a Turkes man of warr and
forced for succour to put into ffaro, and soe it was about three dayes
after the arivall of the Abraham in Cadiz that the said shipp the
Thomas, and therein the said Bernard and this deponent came and
arived alsoe at Cadiz, namely on or about the eighteenth of
Aprill next following their said departure from this port.
And further saith that shortly after the arivall of the said Bernard
in Cadiz, namely on or about the 20th of May 1653 (old stile)
the said Bernard and Tailer came to a new contract, or agreement
and waving and laying aside the foresaid Charter partie, the said Thomas Bernard
for himselfe and the said S[?atheron] on the one in persuance
of the said new contract did lade aboard the said shipp, and the
said Tailer the other partie to the said new contract did receive
aboard her 35 tonnes of salt, one and thirtie butts of sherry
wine, and two butts of [?tent]; And that the said Bernaard upon
the said lading did order and impower the said John
Tailer under his owne hand to depart from Cadiz for dublin
in Ireland and there to dispose and doe with the said goods
in all things as in the schedule annexed (and nowe showed unto
him) is contained and this hee saith was and is true and publique,
all which hee knoweth being present and privie to the said
new agreement, and by the said Bernards order drawing the
same up with this deponents hand,
And saith the said Chaarter partie was thereby intended
to be waved and laid aside, inasmuch as they contracted for a