HCA 13/70 f.195v Annotate
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To the fifth article hee saith that hee cannot depose
otherwise then as aforesaid.
To the Interrogatories. [CENTRE HEADING]
To the first Interrogatorie hee saith hee hath traded as an oileman
and bin an oileman for theise foureteene yeares last, and hath
frequently traded in oiles in that time.
To the second hee answereth negatively for his part, and otherwise
hee cannot depose saving as aforesaid.
To the third hee cannnot depose saving as aforesaid.
To the fourth hee answereth and saith that within theise
two yeares last hee hath knowne that where the contract hath
bin before hand made of 236 gallons to the tonne of sweete oiles
236 gallons to the tonne have bin delivered. But saith withall
that the matter of buying and selling of oiles by the
tonne hath bin of late yeares soe dubious and disputable
in the [?point] of howe many gallons to the tonne
ought to be delivered, that it is growne customary to
contract expressely for the number of gallons of sweete
oiles, namely either 236 gallons or 252 gallons
and that nowe adays there is rarely buying or selling
of sweete oiles by the tonne without specifiying
and contracting beforehand betweene the parties or and for the number
of gallons to be delivered namely 252 or 236, and the
prices contracted for accordingly.
Repeated before doctor Clarke.
Richard [?daunesly] [SIGNATURE, RH SIDE]
The first day of March 1654 English style/ [CENTRE HEADING
Captaine hudson against Mr Barnardiston}
Mr Jolliff and others about the freight}
of goods brought to this Port of}
London in the vessell the Smyrna}
ffactor and against henry Bolton}
and Mills being called as parties in}
the sayd busines about damage which}
happened to the sayd goods in the Lighter}
Suckley. Budd ffrancklin}
Examined upon an allegation on the behalfe of the sayd [?hudson GUTTER]
John Neave of Whitefryers London gentleman one
of the Waiters belonging to the Custome house aged
fifty fower yeares or thereabouts a witnes sworne
and examined saith and deposeth as followeth videlicet/
To the first second and third articles of the sayd allegation hee saith
and deposeth that hee this deponent was a waiter on board the arlate shipp
Smyrna ffactor (whereof Captaine Robert hudson was and is Master) and
waited on board her by Command of the Commissioners of the Customes
at such tyme as the goods damnified (concerning the damage whereof this sute is
concerned) were unladen out of the saud shipp Smirna ffactor into [?a GUTTER]
lighter sent to receave the same, and tooke a particular Accompte not only of
the sayd goods damnified but of all the goods in the sayd shipp Smyrna ffactor