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'''B.1:'''
he 13th day of June <u>1 … '''B.1:'''
he 13th day of June <u>1656</u> [CENTRE HEADING]
A Buisines of Examination of Witnesses on the}<br />
behalfe of Robert Oxwicke and Companie Owners}<br />
of the shipp the ''Endeavour'' whereof William}<br />
Joppe is Master and of Richard Baker and}<br />
Companie Owners of Three hundred and}<br />
thirteene pipes of Canareye wynes taken by Giles}<br />
de la Roch and Companie Subjects of the ffrench}<br />
king upon the open Seas, and carryed away with them}<br />
and against the said de la Roche and Company}<br />
in particular and all others in generall et cetera. Smith}
'''1.us'''
Examined upon an Allegation on behalfe of the said<br />
Robert Oxwicke and Compaie and of the said Richard<br />
Baker and Company
'''John Bowers''' of deptford in the County of<br />
Kent Mariner and late Boatswaine of the said shipp<br />
the ''Endeavour'', aged 25. yeares or thereabouts a Wittnes<br />
sworne and examined saith as followeth videlicet:
To the first Article of the said Allegation hee saith that the articulate Robert<br />
Oxwicke and Companie Merchants in and of the City of London, and Subjects of<br />
the Commonwealth of England have for severall years last past bin and till this present<br />
are and ought to bee the true and lawfull Owners and proprietors of the said shipp the<br />
''Endeavour'' of London (whereof the articulate William Joppe was Master and Commander<br />
and of her tackle apparell and furniture, and for and at such the said Robert<br />
Oxwicke and Companie were and are generally accompted reputed and taken. Which<br />
the premises this deponent saith hee well knoweth for that hee saw the originall building<br />
of the said shipp in the River of London in the yeare 1650 last past or thereabouts, and<br />
hath served in and aboard her six or seaven voiages which shee hath performed since<br />
her said building, in fower of which voiages and particularly in the voiage now in controversy<br />
hee this deponent was Boatswaine of the said shipp And further hee cannot depose/
To the second article of this Allegation this deponent saith that in the yeare of our Lord<br />
<u>1655.</u> last past and in the moneth of October and November in the said yeare the said<br />
shipp ''Endeavour'' being at or neere the Island of Teneriffe, there were laden in and aboard<br />
her the number of three hundred and thirteene pipes or thereabouts of Teneriffe or<br />
Canarie wynes to be transported in the said shipp from the said Port or place of<br />
Tenariffe to the Port of London for the use and accompt of the articulate Richard<br />
Baker and others Merchants and Subjects of this City and Commonwealth, and to them or<br />
their Agents here to be delivered for there respective accompts Which the premises hee this<br />
deponent saith hee well knoweth for that hee was as aforesaid Boatswaine of and aboard<br />
the said shipp at the time aforesaid, and in that quality had the charge of the receiving of the<br />
said wynes aboard the said shipp, and tooke particular notice of them and of the severall markes of the<br />
caskes wherein they were, and entered the same into his booke which at the time of the seizure<br />
of the said shipp and goods was taken away from this deponent and for that this deponent was<br />
present at the signing and firming of bills of lading for the said goods by the said<br />
Master, wherein and whereby the said wynes were consigned by the said Baker and<br />
Companie respectively. And further hee cannot depose./.
To the third Article of the said Allegation this deponent saith that upon or about the<br />
seaventeenth day of the moneth of November <u>1655.</u> last past (English style) the<br />
said shipp did depart and sett saile from the said Island of Tenariffe for and towards this Port<br />
of London the said wynes then being in and aboard her and that in sure her course shee<br />
being between the said Island of Teneriffe and the Island of Palma was upon the 21th day of the said moneth mett with and<br />
sett upon by fower french shipps being under the Conduct and Command of one<br />
Giles de la Roch a ffrenchman and subject of the king of france being Merchant<br />
shipps and upon a Merchandiseing voiage towards the East Indies or redd Sea. The<br />
premisses hee knoweth for that hee was, as aforesaid, Boateswaine of and aboard the said shipp<br />
at the time aforesaid. And further cannot depose
To the 4th hee saith and deposeth, That the said shipp ''Endeavour'' being as aforesaid<br />
mett with by the said french shipps under the Command of the said de la Roche hee the said<br />
de la Roche and Companie commanded the Master and Companie of the said shipp<br />
''Endeavour'' to strike sayle, and to hoyst out their boate and come on aboard him, which they<br />
refused to doe for that is was then night, and the morning next ensueing the said La Roche<br />
(andnsueing the said La Roche<br />
(and +
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