HCA 13/71 f.220Ar Annotate

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HCA 13/71 f.220r: Right click on image for full size image in separate window


To the fourth article hee saith and deposeth before the perfecting
and ingrossing of the said Charter partie there were severall meetings
by severall of those persons that are parties thereunto at
the shopp of mr francis Shepard Scrivener in Cornhill (to whom
this deponent was then servant) and severall debates betweene them
concerning the same, and that at the last meeting (whereat hee
this deponent beleeveth all the said parties were present) after
much consideration and dispute it was unanimously agreed amongst them
touching this said voyage as in the said Charter partie is contained, which
was thereupon imgrossed, and by the severall parties thereunto, sealed
subscribed and delivered as is nowe to be seene, which soe
happened in the presense of this deponent who impressed the same
and was witness to the said sealing and deliverie, and indorsed
his name as a witnes thereunto as nowe appeareth by both the
parts which hee hath now seene. And further hee saith that
hee verily beleeveth that it was the intent true meaning and agreement
of all the said parties that the said [?waters] and company should not
pay any freight for their said proportions of tonnage taken in the said
shipp, untill the said shipps safe arrivall, and right discharge of
her lading in the port of the river of London, for that in and by
the said Counterpartie is expressely soe declared. And otherwise
(referring himselfe to the said Charterpartie) hee cannot depose.

To the fifth article hee saith and deposeth that the draught of the
said Charterpartie was at the fore said severall meetings from
time to time altered and amended, and at the said last meeting fully
agreed upon as in this deposition to the next precedent article is more
fully set forth. And otherwise saving his foregoeing deposition
hee cannot depose.

To the 6th hee cannot depose.

Smith dt.

To the Interrogatories [CENTRE HEADING]

To the first hee saith hee knoweth the said William harris and
Thomas Bowier, and hath soe donne ever since the said making of the
said Charterpartie and about halfe a yeere before, and saith that mr
Massey and mr webb asked him if hee remembred any respite or demurrer
concerning the said Charter partie (before the impressing thereof) touching
the time when the freight should be due, and (showing him the said
Charterpartie) asked him whether his name on the back thereof was
of his hand writinge, and whether hee ingrossed the said Charterpartie
or not, to which hee answered affirmatively, saving as to the said first
question, hee answered that it being six yeares since hee could not
call the particulars to minde, otherwise than as in the said Charterpartie
but remembred that there had bin severall meetings thereabouts, or to
that effect, and otherwise negatively.

To the second 3. 4. and fifth Interrogatories and the Schedule
or Charterpartie annexed hee referreth himselfe to his foregoeing deposition
and to the said Charterpartie, and otherwise hee cannot depose nor remember
it being soe long since, saving hee remembreth there was noe other writing
made or sealed at mr Shepards (nor elsewhere to his knowledge) betweene the
said parties touching the said shipps hire or freight, saving the before mentioned
Charter partie.


Repeated before Colonell Cock.