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insufficiencie happened and came by the fo … insufficiencie happened and came by the foresaid storme, which hee knoweth<br />
for the reason aforesaid.
To the fifth hee saith that after such arivall of the said shipp the ''Angell'' at<br />
the Barbada's, the servant or factor of the said Warner (who went along in<br />
the said shipp) had and received out of her all the said Warners goods and<br />
passengers, saving a small caske (about the bignes of a butter ferkin) of starch which<br />
was found staved in the holdby meanes of the said storme, and the<br />
said factor was satisfied therewith and demannded noe more, which hee<br />
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<br />
times aboard the said ship lying in the river of Thames immediately before<br />
shee proceeded on the said voyage, and never heard him finde any fault with<br />
her or take any exception at her.
To the seaventh hee saith that as the common fame and report went<br />
and goeth a shipp whereof one Mr Castle was master, and<br />
the ''hopefull Luke'' (Captaine Wordsworth commannder) alsoe bound for<br />
Virginia were cast away and perished in the sea in and by meanes of the<br />
said storme, and severall other found to put for other places and<br />
goe off from the course of Virginia.
To the eighth hee saith that the factors or agents of the said Mr Warner<br />
at the Barbadas sold and barthered away many of his goods, merchandizes and<br />
servants there, and transported the proceede of those sold in sugars and the rest that were unsold afterwards for<br />
Virginia, And otherwise hee cannot depose./
To the nineth hee saith that whatsoever hurt or dammage came unto or<br />
befell the said Warners goods or any part therepf the said voyage before their<br />
taking out off the said shipp at the Baarbadas, the same (if any were)<br />
by any fault or insufficiencie of or in the said shipp, or of the master<br />
or any of the company, which hee knoweth for the reasons aforesaid. And<br />
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.}<br />
aforesaid.}
Examined upon the foresaid libell.
'''Rp. 2.'''
'''Benjamin Gunson''' of Stepney in the County of Middlesex<br />
Mariner aged 35 yeares or thereabouts sworne<br />
and examined.
To the first article hee saith and deposeth that the time arlate<br />
hee this deponent was master and part owner of the shipp the ''Chase''<br />
arlate and had the command of her as master for and on the behalfe<br />
of her owners, and for and as master and part owner of her hee his<br />
deponent was commonly accompted and reputed. And otherwise<br />
hee doth not depose.
Torwise<br />
hee doth not depose.
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