HCA 13/70 f.85r Annotate
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The 12th of March 1654. [CENTRE HEADING]
Examined upon the foresaid second allegation
given in on the behalfe of the State.
John day of London Merchant, a witnesse formerly
examined in this businesse saith and deposeth as followeth
To the first article hee saith and deposeth that since the moneth of
June 1652 there have bin greate quantities of sweete oiles sold by the
Commissioners for prize goods, which hee knoweth for that hee thgis
deponent hath bought above 50 tonnes of sweete oiles of them in
that space, and had deliverie thereof at and after the gage and rate of
236 gallons to the tonne, and never demanded or expected more or greater
gage, albeit hee did not contract for the quantitie or number of gallons
that hee should have to the tonne, but only in his contract bought
such a number of tonnes of sweete oiles. And saith that
hee thsi deponent hath (since hee soe bought the said oiles) sould
them to gaine to Robert [?dicer] Esquire, James Baker and other
merchants, Sope boylers and oile men, and never contracted otherwise
with them then for the number of tonnes of sweete oiles, without
any mention of the number of gallons that should goe to the tonne,
and yet hee hath ade deliverie and they receipt at 236 gallons
to the tonne, without expecting or demanding any more
and hee saith hee hath bought abd sold many thousand tonnes of sweete
or oilove oiles, and never either bought or sold otherwise then by the
tonne, nor ever either received or delivered more then 236 gallons
to the tonne, nor did hee ever demand or was demanded more.
And otherwise hee cannot depose, saving the said rate and gage of
236 gallons of sweete oiles to the tonne was and is notorious amongst merchants
and other dealers in that commoditie in this citie.
To the second and third hee this deponent was present at the prize
office London when the said Brewer bought the oiles in question
being (as hee taketh the time) in or about the moneth of October
1652, and saith that the same day this deponent bought of the
Commissioners of prize goods, a good parcell amounting (as hee
beleeveth) to about 50 tonnes, and saith they were of the same sort
and condition as hee beleeveth with those soe bought by the said
Brewer, for that they were there exposed to sale and set up after the
same rate and price, or very neere the same, and this deponent
accepted and received the said oiles soe by him bought after the rate
of 236 gallons to the tonne as being the common gage and
proportion, and therefore hee expected noe more. And otherwise hee cannot depose