HCA 13/72 f.122r Annotate
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The 28th of September 1657.
Butler against the Comfort and}
against Addams and Company.}
James Higgs of the parish of Saint Botolph
Bolonsgate (sic) London Woodmonger, aged 45
yeares or thereabouts sworne and examined.
Examined upon the libell, annexed
to a commission.
To the first and second articles hee saith, that hee the time arlate well knew the
arlate Edmund Morgan and the shipp the Comfort, whereof the said
Morgan was Master and had the Government of her as master of this
deponents sight and knowledge. and was as himselfe affirmed in this
deponents hearing a part owner of her. And otherwise hee cannot depose.
To the third, fowrth fifth and the rest of the articles of the said libell hee saith
that in or about the moneth of November 1651 the said shipp the Comfort
from a Newcastle voyage came and arived in the River of Thames
with her lading of coales under the conduct of the said Morgan, who
hee saith sold and disposed of her lading of coales in this port of the
sight and knowledge of this deponent who was then one of the citie
Meters, and passed upon and looked to her delivery, and saith that
to his best remembrance her lading of coales brought that voyage
from Newcastle amounted to two hundred Chaldrons or thereabouts of
this cities measure, this deponent seeing the measuring thereof.
And saith that such measure happened on the River of Thames within
the ebbing and flowing of the sea, betwixt Ratcliff and Wapping
Where shee rode at anchor, And further that this deponent saw him
the said Morgan receive the summe of fourtie pounds or thereabouts
in money for part of the coales, at one payment, and severall
other smaller summes for smaller parcells that were sold at the shipps
side and the money there received. And lastly that there were not any
coales delivered and disposed out of the said shipp but what were delivered
by order of the said Morgan. And otherwise hee cannot depose, not being
at Newcastle nor knowing ought of the lading of the coales there
or of the contract for the summe, or signing of any bill obligatory for
payment for them.
To the Interrogatories. [CENTRE HEADING]
To the first hee cometh required to testifie in this case by a person
therein imployed, whose name hee knoweth not. And saith hee comenth
himselfe not bound to declare his estate, and otherwise negatively having
noe relation to the parties interrate, and expecteth ought in this cause saving
for his time in comming, and liveth by his place of a Cole meter.
To the second hee saith the said Morgan said he was a quarterpart
owner of the said shipp And otherwise hee cannot answer.
To the third and fourth hee referreth himselfe to his foregoeing deposition
and cannot further answer.
The marke of James IH [MARKE] H[?a]ggs/. [MARKE, RH SIDE]