HCA 13/71 f.158v Annotate

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HCA 13/71 f.158v: Right click on image for full size image in separate window


To the 6th article hee saith that att such tyme as the sayd hendrix alias Swayne
did seize the said serges in manner aforesayd he was ymployed) as the
common [?veyw] then was) by the sayd Richard Jacobs and others of Dover
who appoynted him to be Commander of the sayd Galliot hoye And
further he saith he cannot depose.

To the 7th article he saith he doth believe that the Imployers of the said hendrix
are lyable and ought to make satisfaction for the sayd serges And
and further referring himselfe to the Law and to the Acts of this Court
he ćannot depose.

To the last he saith this deposition is true

Smyth dt

To the Crosse 2 Interrogatories [CENTRE HEADING]

To the first Interrogatory he saith he doth know all the parties interrate and hath
known the interrate Jacobs Godwyn and Tiddeman ten yeares now past
or thereabouts, and saw the sayd hendrix long before the seizure in
question but knew not his name till then. and last saw him about
three moneths ago att Dover, where and when he also saw the
sayd Jacobs and Tiddeman. As for the sayd Goodwin he remembereth not
at present where or when he last saw him, but first saw him att Dover
as he did also there first see the sayd other persons And saith he
hath noe interest part or share in the sayd serges or any of them.
And otherwise he cannot answer.

To the 2nd Interrogatory he saith the sayd serges were made upp in packes
as aforesayd and this Rendent did not at or before their lading see them loose nor tell them
And yet knew their number and quality by thier entrey in the Custome
howse, and by the Cocquetts for them [#]

[LH MARGIN] [#] but saith that upon the
sayd seizure he the sayd
Hendrix did in this Ren:
dents sight and presence
cause upon one of the sayd
packes of white serges
to be cutt open which as this Rendent
now remembereth had
six pieces therein.

And saith he saw the sayd
hendrix alias Swayne both before and since the Taking away of
the sayd serges. And saith he the sayd Swayne is a tall lusty
man neere upon forty yeares of age. his hayre and complexion
he saith he remembereth not att present. And saith he saw the sayd
Galliot hoy before the sayd seizure att Dover. and knoweth it was
he the sayd Swayne with the sayd Galliot hoy that tooke the sayd serges
aswell for this reasone now alleged as by the sayd hendrix also
Swayne himselfe who att the tyme of the sayd seizure gave this
deponent a note of his name signifying that he had seized the
sayd serges. which note And otherwise he cannot answer

To the 3d he saith he saw not the sayd Swayne deliver any of the sayd
Serges to the sayd Jacob Tiddeman Goodwyn, or any other nor was present
att or heard any Composition offered by them or any of them touching
the premisses. And further otherwise than negatively he ćannot depose

Repeated before doctor Godolphin