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The 23th of June 1658.
Swann against Whit … The 23th of June 1658.
Swann against Whittle.)<br />
Suckley. Smith.)
Examined upon the allegation given ex parte Whittle
'''Rp. 1.'''
'''Richard Smyth''' of Wapping in the County of<br />
Middlesex Mariner, aged 50 yeares or thereabouts<br />
sworne and examined.
To the third article of the said allegation (upon which alone hee is<br />
by Mr Whittles direction examined) hee saith and deposeth that<br />
on a day happening much about three yeares since the parties<br />
agent and defendant in this cause namely John Swan and<br />
William Whittle (both whom hee well knoweth) being in treatie<br />
and conference together upon the Royall Exchange London in the<br />
presence and hearing of this deponent touching freighting or<br />
hiring a shipp (whereof the said Swan was then Master) by the<br />
said Whittle, [?as] perfecting a contract of affreightment<br />
whereof hee undersand that they had had treatie before, this deponent<br />
then and there heard the said Swan demand of the said<br />
Whittle fiftie pounds to be paid at Saint Sebastians, for payment of his mens<br />
wages from London to<br />
Saint Sebastians, in case a losse should com from Saint Sebastians to London, but this deponent<br />
understood by their discourse and the circumstances thereof, that if any losse happened<br />
in the voyage from Saint Sebastians to London, noe wages at all further than the said fiftie pounds were to be paid by the<br />
said Whittle for the same, but the mariners were to run the risco thereof.<br />
And further hee cannot depose.
Upon the rest not examined by direction of the producent
Repeated the 9th of August 1658 before<br />
Collonel Cock.
Richard Smith [SIGNATURE, RH SIDE]
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