Difference between revisions of "HCA 3/46 f.38v Annotate"

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received and administred an oath unto them to speake
the truth at the time of their examination In the presence
of the said ffrancklin dissentinge and haveinge
the usuall tyme for Interrogatories Provided that the
admittinge the appearance of the said ffrancklin
without Baile shall not be any preiudice to the
requiring of Baile afterwards not to the proceeding
by default against the said shipp and goods or taking the
Benefitt and advantage of the not givinge in
Baile as if this Act had not at all bin done./

Waters and others against}
Bland, Bud, Suckley}

Which day appeared the said Waters and
some other of the marriners of the
shipp the Twoe Brothers mentioned in the
proceedings of this cause, and the said Bland
with their Proctors and Councell on both sides
and the said Suckley proctor for the said Bland
and the said Bland gave in an allegation in writinge
which they desired to be admitted in the presence of the
said Bud dissentinge and alleadginge that the same
ought not by lawe to be admitted for that by the order
of this Court of the 21th day of this moneth this
cause was assigned to be heard and finally determined and
all such wittnesses as should be produced this day to be
heard viva voce notwithstandinge the said Bud did
consent that the said Waters and such of the said
shipps Company as were then put in Court should
answere upon their oath into such questions as
should be demannded of them on the behalf of the
said Bland whoe then alleadged that the said
Waters did contrary to the Charter party carry in the
said shipp the voyadge in question a greater number
of men then he should have done whereby the said
shipps victualls was necessarily consumed and that by
the negligence and carelesnes of the said Waters and
Company, the wines laden on board the said shippe
at Saint Lucar were much damnified and drawne out by
the said shipps Company insoemuch that at the delivery
of the same at Virginia, some of the butts of wyne
soe laden did want some 8. some 10. some .12. some
14 and some 16 inches although the same were
in iron bounnd Caske, and he farther alleadged that
by reason of the damadge sustayned in the goodes
laden by other merchants in the said shipp occasioned
by the said Waters and Company he hath paid and allowed
by the consent of the said Waters severall summs of
money amountinge in the whole to the sume of
[BLANK IN ORIGINAL MANUSCRIPT] and that the master and Company of the said
shipp did carry in her the voyadge in question the
quantity of Twenty fowre Tuns of goods for the
freight of which he ought to be allowed, to which the
said Waters by vertue of his corporall oath to him
administred by the Judges did answere that he had not
at any one tyme duringe the voyadge in question in
the said shipp above the number of Thirty six men and
a boy, and that the wynes which were laden at Saint Lucar
on board the said shipp were somme of them laden in
iron bound Caske and some in Caske which were
insufficient, and that after their ladinge at Saint Lucar
before his departure from thence he caused the same
to be surveyed by experienced men as
by the survey under their hands which he then shewed
appeared, and alsoe that after his arrivall at Virginia
he likewise caused the said wynes to be there viewed
by experienced men as by a survey under their hands
then