Difference between revisions of "HCA 13/70 f.447v Annotate"

Latest revision as of 13:34, November 13, 2016

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hundred weight this hee deposeth for that hee was present when the sayd
Swinnock bargained for and bought the sayd hundred baggs of ginger of the sayd
Commissioner and sawe him subscribe his name for them to their sayd booke
And further to this article hee cannot depose./

To the second article of the sayd allegation hee saith that the conditions agreed
upon betweene the sayd Commissioners and the sayd Swinnock were that hee
the sayd Swinnock should on the next day after such sale of the sayd baggs of
ginger to him pay to the sayd Commissioners soe much money as the one halfe of
the sayd ginger was sold for and amounted unto, and the other halfe twenty dayes
after the sayd sale, and that hee the sayd Swinnock should receave the sayd ginger within
twenty dates after such sale, or in case of fayling soe to doe to pay forty shillings
a day demorage for each day after the sayd twenty dayes expired, and the sayd
ginger was agreed to be weighed in case the sayd Swinnock came not to receive the
same within the sayd twenty dayes, and these conditions were publiquely read
to the sayd Swinnock and by him consented unto before such his subscription
predeposed of, and further to this article hee cannot depose./

To this article of the sayd allegation hee saith that hee this deponent did twice
or thrice on the behalfe of the sayd Commissioners (both before the sayd twenty
dayes were expired and after the expiration of the sayd twentie dayes, and
before any other ginger wjhich laye in the same ware house where the ginger sold
to the sayd Swinnock laye was delivered and fetched away from thence) spake
to the sayd Swinnock to fetch away his hundred baggs of ginger which hee
had bought as aforesayd, but the sayd Swinnock only answered slightly that
hee would fetch them one of these dayes, and delayed to fetch them, and doth to
this present delaye to fetch them, this hee deposeth being warehouse keeper to the sayd
Commissioners, of that warehouse where the sayd Swinnocks ginger laye and
doth still lye, by which delaye (as this deponent beleeveth and conceiveth) the sayd
Swinnock hath increased the penalty of 40 s a day for demorage according to
the agreement predeposed of and further hee cannot depose saving hee saith that
Mr Richard holford a surveyor to the sayd Commissioners did alsoe once in
this deponents presence and hearing (and before any other gingers which were in the
same warehouse where the sayd Swinnocks 100 baggs of ginger laye was removed
and taken out thence) speake to the sayd Swinnock to fetch away his sayd
hundred baggs of ginger, but what answere the sayd Swinnock made to the sayd
holford thereupon hee thsi deponent doth not now remember./

To the 4th and 5th articles of the sayd allegation hee saith and deposeth that hee this deponent
being warehousekeeper of the warehouse wherein the sayd 100 baggs of ginger bought
as aforesayd by the sayd Swinnock lay well knoweth that the other ginger in
the sayd warehouse sold to other persons, nor any part thereof was delivered
out of the sayd warehouse untill the seaventh day of Aprill last past.
and saith hee well knoweth there was noe fraud used in devideing
the ginger sold to the sayd Swinnock from the ginger in the
sayd warehouse sold to other persons, but the same was impartially
seperated, and hee well knoweth that the persons who soe first
tooke their ginger away out of the sayd warehouse had noe more nenefitt or
advantage by their takeing of theirs first sawy, then they would have
had