Difference between revisions of "HCA 13/71 f.68v P1130338"

Latest revision as of 16:29, April 11, 2014

HCA 13/71 f.68v P1130338

This is part of the case: Williams and Company against 37 butts five carrattells and 3 quarter Rolls of Morea Curranse markes as in the margent laden aboard the shipp the Cesar whereof William ffudge is Master and freight in her to this Port of London and against XXXXX Rowse ffrancis ffowke and Company coming in for their interest ("Examined upon an allegation given in on the behalfe of Thomas Rowse and ffrancis ffowke and company")

The statement is by; 1. Thomas Child of the parish of Saint Mary at hill London Cittizen and Vintner aged forty three yeares=

<document-start>
1. To the Interrogatories/ CENTRE HEADING
2. To the first Interrogatorie hee saith hee cometh to be a wittnes in this cause by
3. the meanes of the producents Mr Thomas Rowse and ffrancis ffowke who required
4. him to testifie the truth herein, And saith hee hath noe interest in the goods in question
5. and expecteth noe benefitt by this suite nor is allyed to the producents and knoweth none
6. of the parties to this suite but only by sight, and that only since his comming home to
7. London from the voyage in question, and saith hee favoureth all the parties litigent
8. alike and would give the victorie therein to whome of right it belongeth And further
9. to this Interrogatorie hee cannot depose./
10. To the 2 Interrogatorie hee saith hee was Purser of the Cesar and came first into her upon
11. the River of Thames at her first goeing out upon the voyage in question and saith
12. the Cesar and Elizabeth and Anne were both togeather in the Roade of Nathalagoe
13. Interrogate, and as to the Interrogate harbie his being Supra Cargo of the Cesar
14. hee answereth negatively for that hee well knoweth that there went noe supracargo
15. in the sayd shipp from Genoa to Zant or the Morea or any part thereof, but the ˹moneye˺ XXXX
16. laden at Genoa as is predeposed, and the Casks, pipestaves, and hoopes laden at Castle de Marr
17. were by Charterparty ordered to bee delivered to the forenamed William ffowke
18. Consull of Morea for the English nation or his Assignes And saith hee well knoweth
19. that what soever was acted by the sayd Clement harbie touching the lading of
20. the shipp Cesar was done by him after the death of the sayd Consull William
21. ffowke and by reason of the sicknes of the sayd Thomas Oliver the Vice Consull which
22. disinabled him to goe aboard upon his occasions, but by what authority the sayd
23. harbie did acte touching the ladeing of the sayd shipp Cesar more than what
24. hee hath before declared in his deposition to the allegation aforesayd hee
25. cannot answere And to the rest of the Interrogatorie hee cannot answere
26. knowing nothing touching the Contract or agreement Interrogate norXXXX
27. And further to this Interrogatorie hee cannot answere./
28. To the 3 Interrogatorie saith saving his foregoeing deposition to the TO DO: this
29. article of the allegation aforesayd to which hee referreth hee cannot further
30. answere to this Interrogatorie saving hee saith hee beleeveth the bill of ladeing Interrogate
31. is signed by the arlate Interrogate ffudge and further saving his foregoeing
32. deposition hee to the allegation hee cannot answere./
33. To the 4th Interrogatorie hee saith that hee knoweth that one Aron Estes
34. as ˹is˺ predeposed in this deponents deposition to the 38th article of the sayd allegegation TO DO: XX
35. in the shipp Cesar from Nathalagoe to Petras but upon what termes or
36. by whose appointment hee knoweth not, and saith the sayd Estes did not
37. ˹and ought to bee marked˺ 37 butts 5 carratells and three quarter Rolls of the Currants laden aboard
38. Cesar with the marke that is now upon them videlicet with the marke XXX
39. margent but did not steeve was never in possession of any of the sayd
40. MARK IN LH MARGIN ALIGNED WITH LINES 47 AND 48 - 4 WITH CIRCLE UNDENEATH IT
41. Currants otherwise than that hee ˹marked and˺ caused them to be marked as aforesayd
42. And further to this Interrogatorie hee cannot answere/.
43. To the 5th Interrogatorie hee saith hee cannot answere knowing nothing
44. having heard the Interrogate harbie confesse anything to the effect Interrogate
45. nor heard him saye any thing to the Interrogate ffudge touching the propriety
46. the Curranse in question only hee saith hee heard the sayd harbie desyre
47. <margin value="Bottom right, under main body of text, as lead to next page">require </margin>
</document-end>

Statement continued on HCA 13/71 f.69r

1. require the sayd ffudge to give him bills of ladeing for 37 butts 5 cara=
2. tells and 3 quarter rolls of the Curranse laden aboard the Cesar to deliver them
3. at Argentell aboard the Elizabeth and Anne for the Accompt of the Interrogate
4. Williams and Company, but saith the sayd ffudge refused to give any such bills
5. but offered to but offered to give the sayd harbie bills to deliver the sayd
6. Curranse at London to whomesoever hee should consigne them to, and sayd
7. hee would not part with the sayd Curranse from on board the Cesar till
8. shee arrived at London the port of her discharge or hee spake words to that
9. effect./
10. To the 6th hee saith hee hath heard that the Interrogate Clement harbie
11. did protest against the Interrogate ffudge for not signeing bills of ladeing
12. for delivery of the Curranse in question ˹on board the XXXXX Elizabeth and Anne aforesayd at Argentell˺ XXXXXXXXX XXX humphrey hardwick
13. for Accompt of the Interrogate Williams and Company And further to this
14. Interrogatorie hee cannot answere/
15. To the 7th ˹and 8th˺ hee saith hee hath heard that after the Cesars Coming to Augustell
16. Interrogate with the Curranse in question in her, the Elizabeth and Anne being then
17. there the Interrogate harbie did in the presense (as hee hath heard) of the Interrogate
18. humphrey hardwick ˹and the forenamed˺ XXXX John Gifford, and Captaine Langford Commander of the
19. Elizabeth and Anne at Argustoll demande 37 butts 5 caratells and 3 quarter rolls
20. of Curranse laden aboard the Cesar for Accompt (as hee sayd of the Interro=
21. gate William Williams and Company and required him to deliver them aboard
22. the sayd Elizabeth and Anne, which (as this deponent hath heard)
23. the sayd ffudge refused to doe ˹and of this deponents knowledge did bring them home in the Cesar to London˺ and further saving his answere to the
24. 5th Interrogatorie to which hee referreth hee cannot answer, otherwise
25. than that hee saith hee beleeveth ˹the schedule˺ Interrogate to bee all the proper
26. hand writing of the Interrogate Clement harbie../
27. To the 9th hee answereth negatively for his part and further cannot answere
28. To the 10th Interrogatory hee saith that by reason of the death of William ffowke
29. the Consull aforesayd and of the sicknes of the foresayd Thomas Oliver
30. his Viceconsull the Interrogate Clement harbie did in the Roade
31. of Petras cause to be laden aboard the Cesar for accompt of Thomas
32. Rowse and ffrancis ffowke Interrogate thirty seaven butts fower Caratells
33. and two quarter rolls of Currans ˹and noe more there˺ marked with the marke in the
34. margent XX which this hee deposeth of his knowledge being purser of the
35. Cesar and seeing the ladeing of them and alsoe knoweth that they were delivered
36. to the sayd Rowse and ffrancis ffowke at London And further hee cannot answere./
</document-end>

Statement continued on HCA 13/71 f.69v

1. To the 10th Interrogatorie hee saith hee was never at Petrao save in the
2. tyme of the voyage in question And further to the rest of the sayd Interr
3. hee cannot answere not knowing the use or custome of the Countrie in the case
4. Interrogate./.
5. To the 12th saving his answere to the first Interr hee cannot further answere
6. To the 13th Interrogatorie hee saith hee saith hee hath knowe Clement harbie only
7. from the tyme that hee came from Zant in the Cesar after the death of the sayd Consull
8. William ffowke to [?Nathalagoe?], And saith hee hath heard the sayd harbie was
9. a servant ˹or retayner of and˺ to the sayd Consull for negotiating his busines at Zant only in the absence
10. of the sayd Consull, and saith hee beleeveth the sayd Clement harbie by
11. reason of the sicknes of the foresayd Thomas Oliver did after the death of,
12. the sayd William ffowke the Consull at the sayd Consulls busines in
13. behalfe of his the sayd Consulls Principalls for whome the sayd Consull
14. used to deale as Correspondent or Agent, And further to this Interroga=
15. torie saving his foregoeing deposiccon hee cannot answere./
16. To the 14th Interrogatorie hee ˹cannot˺ XXXXXX answere knowing nothing nor having
17. heard any thing touching the contents thereof./
18. To the 15th hee saith hee was present at the [?telling?] of the last baggs of letters
19. of the fower thousand dollars predeposed of laden aboard the Cesar at
20. Genoa for Accompt of the forenamed Thomas Rowse and ffrancis ffowke, and
21. XXXXX saith the whole fower thousand dollars in fower baggs were by two
22. porters carried downe to à [?ffallooXXX?] or barke and put therein and this
23. deponent and the forenamed William ffudge went aboard the shipp Cesar
24. therewith and caused the same to be put aboard the sayd shipp And further
25. to this Interrogatorie hee cannot answere./
26. To the 16th hee saith hee sawe noe order and directions in writing or otherwise
27. given by the Interrogate Thomas Rowse and ffrancis ffowke to the
28. Interrogate Wright and Langhorne to the effect Interrogate And further
29. saving his foregoeing deposiccon hee cannot answere./
30. To the 17th hee saith hee hath satisfied the contents of this Interrogatorie
31. soe farr as hee saw in his foregoeing deposiccon to the 4th arle of the
32. allegaccon aforesayd./
33. To the 18th hee saith hee sawe saving his deposiccon to the first second and fifth
34. arles of the allegation aforesayd and his answere to the fifteenth Interrogatorie
35. so payith hee profoundly hee cannot xxxx stion xxxx answers to this interrogation
36. knowing nothing saving hee saith of the fower thousand dollars ˹in fower baggs˺ X put aboard X
37. the cesar at Genoa as aforesayd William ffowke in his life by and present
38. from aboard the said shipp in magalaga Roade two thousand dollars paying hee
39. was xxxxxx sent by Thomas Rowse in the Roade of Holras before the sayd two thousand dollars xxxxx for peseth by william ffowke, and the other thousand xxxx to
40. a board the cesar in consideracõn of payment of damorage due xxxx sheoth xxx according
41. <margin value="bottom right">signed C xxxxxxx</margin>
</document-end>

Statement continued on HCA 13/71 f.