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To the fourth article hee saith and depose … To the fourth article hee saith and deposeth before the perfecting<br />
and ingrossing of the said Charter partie there were severall meetings<br />
by severall of those persons that are parties thereunto at<br />
the shopp of mr francis Shepard Scrivener in Cornhill (to whom<br />
this deponent was then servant) and severall debates betweene them<br />
concerning the same, and that at the last meeting (whereat hee<br />
this deponent beleeveth all the said parties were present) after<br />
much consideration and dispute it was unanimously agreed amongst them<br />
touching this said voyage as in the said Charter partie is contained, which<br />
was thereupon imgrossed, and by the severall parties thereunto, sealed<br />
subscribed and delivered as is nowe to be seene, which soe<br />
happened in the presense of this deponent who impressed the same<br />
and was witness to the said sealing and deliverie, and indorsed<br />
his name as a witnes thereunto as nowe appeareth by both the<br />
parts which hee hath now seene. And further hee saith that<br />
hee verily beleeveth that it was the intent true meaning and agreement<br />
of all the said parties that the said [?waters] and company should not<br />
pay any freight for their said proportions of tonnage taken in the said<br />
shipp, untill the said shipps safe arrivall, and right discharge of<br />
her lading in the port of the river of London, for that in and by<br />
the said Counterpartie is expressely soe declared. And otherwise<br />
(referring himselfe to the said Charterpartie) hee cannot depose.
To the fifth article hee saith and deposeth that the draught of the<br />
said Charterpartie was at the fore said severall meetings from<br />
time to time altered and amended, and at the said last meeting fully<br />
agreed upon as in this deposition to the next precedent article is more<br />
fully set forth. And otherwise saving his foregoeing deposition<br />
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<br />
Thomas Bowier, and hath soe donne ever since the said making of the<br />
said Charterpartie and about halfe a yeere before, and saith that mr<br />
Massey and mr webb asked him if hee remembred any respite or demurrer<br />
concerning the said Charter partie (before the impressing thereof) touching<br />
the time when the freight should be due, and (showing him the said<br />
Charterpartie) asked him whether his name on the back thereof was<br />
of his hand writinge, and whether hee ingrossed the said Charterpartie<br />
or not, to which hee answered affirmatively, saving as to the said first<br />
question, hee answered that it being six yeares since hee could not<br />
call the particulars to minde, otherwise than as in the said Charterpartie<br />
but remembred that there had bin severall meetings thereabouts, or to<br />
that effect, and otherwise negatively.
To the second 3. 4. and fifth Interrogatories and the Schedule<br />
or Charterpartie annexed hee referreth himselfe to his foregoeing deposition<br />
and to the said Charterpartie, and otherwise hee cannot depose nor remember<br />
it being soe long since, saving hee remembreth there was noe other writing<br />
made or sealed at mr Shepards (nor elsewhere to his knowledge) betweene the<br />
said parties touching the said shipps hire or freight, saving the before mentioned<br />
Charter partie.
Jo Bradborne [SIGNATURE, RH SIDE]
Repeated before Colonell Cock., RH SIDE]
Repeated before Colonell Cock. +
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