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The 21th of October 1657.
Davies against … The 21th of October 1657.
Davies against Johnson}
Exámined upon the foresaid libell.
'''Rp. 4.'''
'''John Crooke''' of the citie of London Bookeseller, aged<br />
42 yeeres or thereabouts sworne and exámined.
To the first article hee saith hee well knoweth the producent<br />
Thomas Davies, and that hee was the time arlate owner of the<br />
bales of bookes arlate, and for such commonly accounted, and received<br />
the same as his owne and disposed thereof, and this deponent saw the<br />
Invoice of the ladeing thereof for his account.
To the second, 3. 4. 5. 6. 7 and 8 articles hee saith and deposeth that<br />
upon the arivall of the foure bales of booke arlate marked and numbred as in the margent from beyond the<br />
seas, and bringing thereof into Pauls churchyard, hee this deponent<br />
and his precontest Samuel Thomson were spoken unto by the producent and desired<br />
to view them in regard of the dammage which they had received by<br />
water, whereupon they viewed the same with diligence and care<br />
and this hee saith was in or about June last past, at which time the<br />
producents Invoice of the buying and cost thereof was also produced<br />
and showne unto them. And saith that upon such their view they found three of the foresaid bales namely those numbred 3. 4. 7<br />
the said bookes exceedingly dammaged and almost spoiled with water<br />
which they had received aboard the shipp the voyage in question, and [say GUTTER]<br />
that they were soe soaked in wett that they stanke exceedingly by<br />
reason thereof. And whereas the first cost of all the said bookes according<br />
to the Invoice was upwards of two hundred and tenn pounds, hee saith<br />
that hee this deponent and his said precontest upon such their view<br />
found and agreed that the said three bales were damnified or deteriorated eightie pounds<br />
sterling, and soe that the whole parcell was not then worth above an hundred and thirtie<br />
pounds, XXXX would they indeed have yeelded some money but<br />
that the said producent afterwards used much endeavour and tooke greate care to<br />
drie and recover them what hee could, And further saith that besides<br />
the said eightie pounds which the said producent was damnified by the<br />
said hurt befallen the said bookes hee lost by meanes of the said<br />
dammage 30 li per cent: more in this deponents estimation , which the said bookes would have yeelded<br />
here (if they had come in good condition) more than their said cost. And<br />
otherwise hee cannot depose, saving that when the said bookes came<br />
over, the weather and time of the yeare were soe faire and good, that<br />
the dammage was generally imputed to the neglect of the master of the<br />
shipp and company And saith that besides the said eightie pounds which this deponent and<br />
his precontest estimated to be a losse upon the first price of the said bookes<br />
said producent suffered losse at the rate of twenty in the hundred in his share of the
[LH MARGIN TEXT] profitt hee might have made here in the sale of the said<br />
bookes if they had not bin soe damnified<br />
as this deponent alsoe<br />
estimateth the same<br />
Jo: Crooke [SIGNATURE, LH MARGIN]
To the Interrogatories. [CENTRE HEADING]
To the first and second hee answereth that hee cometh required by<br />
the producent to testifie the truth in this cause, and saith he was at<br />
the opening of the said bales of bookes, which was donne (to his remembrance)<br />
on the next day after their receiving from on board, and saith they were<br />
unbound, and by his remembrance printed in the parts of Holland and<br />
Germany, and otherwise saving as aforesaid hee cannot answer saving<br />
negatively for his part, and saving that if the said bookes had bin opened<br />
aboard, they would have bin quite spoiled because they clove or stuck soe<br />
one sheete To another, that they would have bin torne in peeces with opening up they<br />
being soe very wet, and there being noe convenience of drying them aboard
{Repeated with his precontest before doctor God}olphin
John: Crooke [SIGNATURE, RH SIDE]}olphin
John: Crooke [SIGNATURE, RH SIDE] +
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