HCA 13/71 f.53v Annotate

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Transcription

against the sayd ffudge for refusing to give bills as required And
further to these articles hee cannot depose./

To the 10th and 11th articles of the sayd allegation hee saith that after these premisses hee
well knoweth the sayd shipp Cesar {ca}me with the sayd Curranse] safe to
Argostoll aforesayd, where after her arrivall (this deponent then being there
with the shipp the Elizabeth and Anne and having roome in the sayd
shipp sufficient and more than sufficient to stowe them in) did in the presense of all the Company of the Cesar or the greatest part of them and of at least eight marriners belonging to the sayd Elizabeth and Anne demand the
sayd 37 butts 5 caratells and three quarter rolls of Curranse laden for
the Accompte of the sayd Williams and Company to be delivered by the sayd
ffudge to this deponent for the use and Accompt of them the sayd Williams and Company
and the sayd harbie did then before this deponent in the presence of the sayd wittnesses declare
and acknowledge that the sayd Curranse were laden aboard the sayd
Shipp the Cesar for the Accompt of the sayd Williams and Company and
alsoe then required him the sayd ffudge to deliver them to him this deponent,
and with all tendered him a noate in writing to that purpose being the
first schedule to the allegation annexed signed with his the sayd
Clement harbies owne hand, which notwithstanding the sayd ffudge
refused soe to doe, and would not deliver the sayd Curranse to this deponent
but brought them in his sayd shipp the Cesar to London the premisses
hee deposeth of his owne knowledge being supra cargo as aforesayd
of the Elizabeth and Anne and makeing demand as aforesayd and seeing and heareing the sayd
harbie demand the same and tender the noate aforesayd aboard the Cesar
in the Roade of Argustoll aforesayd And further to these articles hee
cannot depose./

To the 12th article of the sayd allegation hee saith that hee well knoweth the second
schedule to the allegation annexed and mentioned in this article to be all the proper hand
writing of the arlate harbie and by him signed with his owne hand writing and to
bee the originall contract made betweene him this deponent and the sayd harbie in
the roade of Nathalico arlate, for that hee this deponent sawe him write and signe
the same and hath had the continuall possession thereof from the tyme it was soe signed
untill such tyme as it was delivered into this Court to be annexed to this allegation
And further to this article hee cannot depose/

To the 13th article of the sayd allegation hee saith that the schedule therein mentioned
is of his this deponents knowledge the true and originall Invoice of the Curranse predeposed
of and and was delivered by the sayd harbie with his owne hand to this deponent as
a true Invoice of them, and hath remayned in this deponents Custodie from the tyme of the
delivery thereof by the sayd harby untill it was delivered to bee annexed to the sayd allegation
and and hee this deponent being very well acquainted with the character and
hand writeing of the sayd Clement harby (though hee did not see the writeing and signeing
thereof) doth verily beleeve the sayd schedule to bee all of the hand writing and alsoe signed
of and by the sayd Clement harby And further to this article hee cannot depose/

To the 14th article of the sayd allegation hee saith hee hath heard the arlate ffudge
in the roade of Argustoll aforesayd since the ladeing the sayd curranse aboard the shipp Cesar and in the presence of this deponent and one
Captaine