HCA 13/72 f.355r Annotate

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The 23th of June 1658.

Swann against Whittle.)
Suckley. Smith.)

Examined upon the allegation given ex parte Whittle

Rp. 1.

Richard Smyth of Wapping in the County of
Middlesex Mariner, aged 50 yeares or thereabouts
sworne and examined.

To the third article of the said allegation (upon which alone hee is
by Mr Whittles direction examined) hee saith and deposeth that
on a day happening much about three yeares since the parties
agent and defendant in this cause namely John Swan and
William Whittle (both whom hee well knoweth) being in treatie
and conference together upon the Royall Exchange London in the
presence and hearing of this deponent touching freighting or
hiring a shipp (whereof the said Swan was then Master) by the
said Whittle, [?as] perfecting a contract of affreightment
whereof hee undersand that they had had treatie before, this deponent
then and there heard the said Swan demand of the said
Whittle fiftie pounds to be paid at Saint Sebastians, for payment of his mens
wages from London to
Saint Sebastians, in case a losse should com from Saint Sebastians to London, but this deponent
understood by their discourse and the circumstances thereof, that if any losse happened
in the voyage from Saint Sebastians to London, noe wages at all further than the said fiftie pounds were to be paid by the
said Whittle for the same, but the mariners were to run the risco thereof.
And further hee cannot depose.

Upon the rest not examined by direction of the producent

Repeated the 9th of August 1658 before
Collonel Cock.

Richard Smith [SIGNATURE, RH SIDE]

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