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21th of ffebruary 1654. [CENTRE HEADING]
… 21th of ffebruary 1654. [CENTRE HEADING]
Lord Protector against Brewer.}<br />
Budd. Smith.}
Examined upon an allegation given in on the<br />
behalfe of the said Brewer.
'''Smith}<br />
[?Browne]} dt.'''
'''1'''
'''Richard Darnelle''' of the parish of Allhallowes<br />
Thamestreet London citizen and haberdasher of<br />
London, aged 40 yeares or thereabouts sworne and examined.
To the first article of the said allegation hee saith and deposeth that by<br />
the usuall and common computation of the measure of oile in this<br />
nation, two hundred and fiftie two gallons of sweete<br />
oyle, doe make a tonne, And that by the same computation and measure<br />
this citie, whosoever sells a tonne of sweete oile without declaration<br />
or specification of howe many gallons hee will deliver to the tonne, is<br />
understood to be liable to deliver and is to deliver two hundred fiftie<br />
and two gallons to the tonne, which hee knoweth<br />
for that hee this deponent is an oile-man and hath exercised that<br />
trade as apprentice and freeman for theise twenty yeares last<br />
past or thereabouts in this citie, and saith it is notorious<br />
that where the number of gallons to the tonne are not expressely contracted<br />
for, then 252 gallons are intended to be bought and<br />
sold in the selling and buying of a tonne of sweeteoiles, and accordingly<br />
to be delivered.
To the second article hee saith and deposeth that this deponent hath<br />
bin a freeman in the trade aforesaid for theise fourteene yeares last<br />
in that space hee hath somtimes bought sweete oiles after<br />
252 gallons to the tonne in this Citie of London, and that<br />
although hee hath not before hand contracted for howe many<br />
gallons hee should have to the tonne, but contracted meerly<br />
by the tonne, without specification of howe many gallons<br />
should be delivered to the tonne, hee hath had allowance of<br />
252 gallons of sweete oiles to the tonne. And otherwise hee<br />
cannot depose.
To the third hee referreth himselfe to his foregoeing deposition and<br />
otherwise hee cannot depose.
To the fourth hee saith that about foure monethes since<br />
there was a triall at guildhall London betweene Mr Brewer<br />
and a merchant of this citie (whose name hee remembreth not)<br />
wherein Mr Brewer demannded 252 gallons<br />
to the tonne of sweeteoiles, and the said merchant would<br />
deliver but 236 gallons, and therein the said Mr Brewer obtained<br />
against the said merchant, And otherwise hee cannot depose.
Tohant, And otherwise hee cannot depose.
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