HCA 13/72 f.214v Annotate

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harts arivall with the said shipp at lisbone from the said Ilands the said [?shipp GUTTER]
there was d[XXXX] and made of severall parcells and quantitities of
corne which the said hart was charged to have left behind [XX] att the said Iland
and had not brought [?the GUTTER]
same to Lisbone according to contract for severall merchants of
Lisbone, and in truth the said hart did leave the same behinde, at
least did not bring it to Lisbone which hee knoweth because hee this
deponent was then at Lisbone and knew and sawe that the said merchants
were disappointed of and did not receive the same,
the said hart after the said contract having, as was manifested at
Lisbone, left their corne behinde and brought severall parcells
[XXX] other [XXXX] with whom [XX] contract had bin made at Lisbone
before the shipps proceeding thence as was by the said persons whose
corne was wanting, Whereupon the said persons who were soe de[?fect GUTTER]
of and wanted their corne, commensed suite at Lisbone, and by order
of Justice there made stay of and embargoed the major part of the
freight that was due and should have bin paid for the corne that was
brought thither and delivered, soe that this deponent [?for] the said
producent Thomas Amery and Company could not get or receive the
said freight, till hee had first given satisfaction to the said merchant
whose corne was soe wanting and left behinde, for their dammage
suffered therein, And this much hee saith is well knowne to the
said hart, And otherwise hee cannot depose saving as aforesaid.

To the tenth article hee saith and deposeth that for and towards
satisfaction of the said d[?ammage], hee this deponent the said factor
was necessitated to pay and did pay asmuch Portugall money
as amounted to ninetie pounds sterling and upwards, which moneys
were recovered for the [XXX XXXXXX] by processe in law at Lisbone out of the said freight
which hee knoweth because hee waged law there on the said producent
Thomas Am[?o]ry and company their behalf.

To the 11th article hee saith and deposeth that after the said losse and
dammage, and that this deponent had paid the said 90 li and upwards
towards satisfaction of dammages as aforesaid, there was for the [XXXX GUTTER]
endeing and determining of that busines p[XXXXXtion] left to the [XXX GUTTER]
hart (who was then boun