HCA 13/70 f.56r Annotate
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newe rate for the freight, namely five shillings per tonne more (in
respect of the said shipps going from Ireland) than was contained in the
Charter partie, made here at London. And otherwise hee cannot depose.
To the third article and the said schedule annexed beginning and
ending as is arlate hee saith the same was totally written, by the
said Bernards order by and with this deponent, saving the subscription
of the name of the said Thomas Bernard, which hee saith was donne
by him the said Bernard in this deponents presence and sight at
Cadiz, and that by the said Bernards order, the said schedule was
delivered to the said Tailer. And otherwise hee cannot depose.
To the fourth hee saith that the said Isaac Tailer in rder to the
said new contract and by appointment of the said Bernard, about
fourteene dayes after the date of the said schedule annexed (as this
deponent had advice at Mallega whether hee went shortly after
the said new contract making) departed with the said shipp
the Abraham and lading aforesaid from Cales for dublin in
Ireland, there to dispose of the said goods according to the said order
And otherwise hee cannot depose.
To the Interrogatories. [CENTRE HEADING]
To the first hee saith hee cometh at the instance of the said
Isaac Tailer to be a witnesse in this cause, and that hee hath
noe interest therein, and that it will be neither proffit nor
losse to him which soeever of the parties litigant prevaile or bee
overthrowne therein, And otherwise negatively.
To the second hee saith the said note or schedule annexed was signed
by the said Thomas Bernard at Cales, and hee knoweth it to
be the same because as aforesaud) it is of this deponents hand
writing, and otherwise hee referreth himselfe to his foregoing
deposition, and beleeveth the said Tailer hath had the said note ever since.
To the third hee saith the said salt, sherry wine and [?sent] at
the time of the said lading and departure from Cadiz were worth
at that port two thousand and three hundred peeces of eight
or thereabouts, for hee saith the ame cost soe much there
And otherwise hee cannot answer saving as aforesaid for hee went not into Ireland
with the said shipp, but staid in Spaine when shee departed.
To the fourth hee saith the said Bernard and Tailer were severall
times in treatie in this deponents presence and hearing at Cadiz
about the said newe contract, and at length they concluded
thereupon as aforesaid, and saith there was one Mr
Ambrose Canham of Saint Lucars then and there alsoe present
And saith the signing of the said schedule as aforesaid was donne
in an English house in Cadiz, kept by one Mr
Crofts, where the said Bernard, Tailer, Canham and this deponent
were then present, And otherwise saving as aforesaid hee cannot answer
and saving hee doth not remember that hee heard any expresse words
betweene Bernard and Tailer for nulling the said Charter partie
Repeated before doctor Clarke
James Monger [SIGNATURE, RH SIDE]