HCA 13/65 f.30r Annotate
|Transcribed on 10/03/2014|
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The same day.
Examined upon the allegation aforesaid.
Thomas Morley of London Mariner, aged 40 yeares or
thereabouts sworne and examined.
To the first and second articles of the said allegation hee saith and deposeth that
the controversie or difference betweene mr [?Thorney] and mr morgen arlate
about the dammadge happened unto the raisins in question was
by them referred unto him this deponent chosen by the said warren and
to his precontest Simon [?N]ichalls chosen by the said [?Thorney] to heare and
determine the said differance (as hee conceiveth) after veiwe made of
the said dammadge by them, and saith that upon the said choice they being
spoken unto by the said severall parties, they this deponent and the said Nic[?ols]
[?made] together and in or about the moneth of march last viewed
117 barrells of raisins or thereabouts lying in a warehouse at Buttolphs
Wharfe, and acknowledged by both the parties litigant to have come out
of the shipp the Messina merchant whereof the said warren is master,
the said parties litigant being severall times with them While they made
the said veiwe, and in their said veiwe and estimation they found and
iudged that the hreatest part of the dammage that had happened to the said
raisins came by the badnes of the caske, being made (as this deponent conceived)
of greene wood and soe apt to be moist, and soe they found, causing the head of
one of the said caskes to be taken out, the dammage whereof they could not
perceive by the out side at that end, till they had caused the said head
to be taken out, and then they [XXely] perceived that it came by the badnes
and dampnes of the caske. And they withall finding that some of the
said barrells were dammaged by sea wet, and estimating the quantitie
thereof soe damnified by sea wet at 389 pounds of raisins after
five score to the hundred, they ordered the said warren to make allowance
for the same to the said Thorney, after the rate that the said Thorney sold the rest for and they made [XXX] their order thereabouts
to his remembrance. Amd otherwise hee cannot depose.
To the Interrogatories. [CENTRE HEADING]
To the first hee saith that the said Thorney did not chose this deponent
and otherwise negatively saving as aforesaid.
To the second hee saith there were many of the said 117 barrells upon
view found to have noe dammage at all, and therefore they were sett
by as not damnified, and otherwise hee cannot answar saving his
To the third hee cannot answar.
To the last hee saith that the said warren yeelded to make the fore said
allowance and [XXX] was therewith content
Repeated with his precontest before doctor Clarke.
per Thomas Morley [SIGNATURE, RH SIDE]
.2. Augusti 1651./
On the behalf of Mary}
Shott[?o]n widow concerning}
the shipp the Allen}
Upon Interrogatories Ministred on the behalf of the said
Mary Shotten Examined./
Raph Pratt of Horsey downe in Surrey Marriner aged 50
yeares or thereabouts sworne before the Right worshipfull William
Clarke doctor of the lawes one of the Judges of the high Court
of the Admiraltia and examined upon the said Interrogatories deposeth
To the first Interrogatorie hee saith that hee doth very well knowe the shipp
called the Allen ffrigott interrogated and saith hee was Master thereof att such time
as she was last at [XXXth] which was about the begininning of the month of March