HCA 13/72 f.131v Annotate

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HCA 13/72 f.131v: Right click on image for full size image in separate window


The 21th of October 1657.

Davies against Johnson}

Exámined upon the foresaid libell.

Rp. 4.

John Crooke of the citie of London Bookeseller, aged
42 yeeres or thereabouts sworne and exámined.

To the first article hee saith hee well knoweth the producent
Thomas Davies, and that hee was the time arlate owner of the
bales of bookes arlate, and for such commonly accounted, and received
the same as his owne and disposed thereof, and this deponent saw the
Invoice of the ladeing thereof for his account.

To the second, 3. 4. 5. 6. 7 and 8 articles hee saith and deposeth that
upon the arivall of the foure bales of booke arlate marked and numbred as in the margent from beyond the
seas, and bringing thereof into Pauls churchyard, hee this deponent
and his precontest Samuel Thomson were spoken unto by the producent and desired
to view them in regard of the dammage which they had received by
water, whereupon they viewed the same with diligence and care
and this hee saith was in or about June last past, at which time the
producents Invoice of the buying and cost thereof was also produced
and showne unto them. And saith that upon such their view they found three of the foresaid bales namely those numbred 3. 4. 7
the said bookes exceedingly dammaged and almost spoiled with water
which they had received aboard the shipp the voyage in question, and [say GUTTER]
that they were soe soaked in wett that they stanke exceedingly by
reason thereof. And whereas the first cost of all the said bookes according
to the Invoice was upwards of two hundred and tenn pounds, hee saith
that hee this deponent and his said precontest upon such their view
found and agreed that the said three bales were damnified or deteriorated eightie pounds
sterling, and soe that the whole parcell was not then worth above an hundred and thirtie
pounds, XXXX would they indeed have yeelded some money but
that the said producent afterwards used much endeavour and tooke greate care to
drie and recover them what hee could, And further saith that besides
the said eightie pounds which the said producent was damnified by the
said hurt befallen the said bookes hee lost by meanes of the said
dammage 30 li per cent: more in this deponents estimation , which the said bookes would have yeelded
here (if they had come in good condition) more than their said cost. And
otherwise hee cannot depose, saving that when the said bookes came
over, the weather and time of the yeare were soe faire and good, that
the dammage was generally imputed to the neglect of the master of the
shipp and company And saith that besides the said eightie pounds which this deponent and
his precontest estimated to be a losse upon the first price of the said bookes
said producent suffered losse at the rate of twenty in the hundred in his share of the

[LH MARGIN TEXT] profitt hee might have made here in the sale of the said
bookes if they had not bin soe damnified
as this deponent alsoe
estimateth the same

To the Interrogatories. [CENTRE HEADING]

To the first and second hee answereth that hee cometh required by
the producent to testifie the truth in this cause, and saith he was at
the opening of the said bales of bookes, which was donne (to his remembrance)
on the next day after their receiving from on board, and saith they were
unbound, and by his remembrance printed in the parts of Holland and
Germany, and otherwise saving as aforesaid hee cannot answer saving
negatively for his part, and saving that if the said bookes had bin opened
aboard, they would have bin quite spoiled because they clove or stuck soe
one sheete To another, that they would have bin torne in peeces with opening up they
being soe very wet, and there being noe convenience of drying them aboard

{Repeated with his precontest before doctor God}olphin