HCA 13/70 f.677r Annotate
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insufficiencie happened and came by the foresaid storme, which hee knoweth
for the reason aforesaid.
To the fifth hee saith that after such arivall of the said shipp the Angell at
the Barbada's, the servant or factor of the said Warner (who went along in
the said shipp) had and received out of her all the said Warners goods and
passengers, saving a small caske (about the bignes of a butter ferkin) of starch which
was found staved in the holdby meanes of the said storme, and the
said factor was satisfied therewith and demannded noe more, which hee
knoweth being present at the said delivery. And otherwise hee cannot depose.
To the sixth hee cannot depose, saving hee sawe the said Warner severall
times aboard the said ship lying in the river of Thames immediately before
shee proceeded on the said voyage, and never heard him finde any fault with
her or take any exception at her.
To the seaventh hee saith that as the common fame and report went
and goeth a shipp whereof one Mr Castle was master, and
the hopefull Luke (Captaine Wordsworth commannder) alsoe bound for
Virginia were cast away and perished in the sea in and by meanes of the
said storme, and severall other found to put for other places and
goe off from the course of Virginia.
To the eighth hee saith that the factors or agents of the said Mr Warner
at the Barbadas sold and barthered away many of his goods, merchandizes and
servants there, and transported the proceede of those sold in sugars and the rest that were unsold afterwards for
Virginia, And otherwise hee cannot depose./
To the nineth hee saith that whatsoever hurt or dammage came unto or
befell the said Warners goods or any part therepf the said voyage before their
taking out off the said shipp at the Baarbadas, the same (if any were)
by any fault or insufficiencie of or in the said shipp, or of the master
or any of the company, which hee knoweth for the reasons aforesaid. And
otherwise hee cannot depose.
Repeated before the two Judges in Court.
Richard Homer [SIGNATURE, RH SIDE]
The fifth of february 1655. [CENTRE HEADING]
Cooke against Bathorne.}
Examined upon the foresaid libell.
Benjamin Gunson of Stepney in the County of Middlesex
Mariner aged 35 yeares or thereabouts sworne
To the first article hee saith and deposeth that the time arlate
hee this deponent was master and part owner of the shipp the Chase
arlate and had the command of her as master for and on the behalfe
of her owners, and for and as master and part owner of her hee his
deponent was commonly accompted and reputed. And otherwise
hee doth not depose.