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of London, and undertooke to pay and promi … of London, and undertooke to pay and promised to pay the same of<br />
five hundred and twenty Rix dollers in specie (accounting tenn stivers<br />
to each shilling) for freight within tenn dayes after the arrivall of the<br />
said goods at this port, and thereupon namely upon the said contract<br />
hee saith there was an act or Instrument made and passed<br />
at Berghen, and saith that the transactions annexed containeth the<br />
true effect of the said act of affreightment, and is as hee beleeveth<br />
a true translation thereof, and that the contents thereof were and<br />
are true, and that at the time of the making or passing the originall<br />
the said Edward Launder had a duplicate or copie thereof, and this<br />
deponent another.
To the third hee saith that the shipp upon the said affreightment<br />
received into her on Berghen such goods as the said Launder laded,<br />
and brought the same (saving what perished by the way) to this port<br />
and here arived in or about the moneth of March last and<br />
here delivered the same to the arlate John Southwood and Edward Launder<br />
such as hee and Southwood imployed to receive the same, which hee knoweth because<br />
hee sawe the said goods laden, and came over therewith in the said shipp<br />
and here had delivery thereof.
To the fourth hee saith that the said Edward Launder caused the<br />
tarr (which was laden and transported in the said shipp) to be stowed<br />
by a person of his owne appointing and imploying, and gave the<br />
said person five Rex dollars for his care and paines in stoweing<br />
the same according to the said Launners design, and saith that in<br />
case and dammadge be happened to the said tarr through want of<br />
good stowage, the same is happened without any fault of the<br />
master or of any of the shipps company.
To the first hee saith that the said Edward Launder besides the<br />
said act of affreightment and contrary to the expresse agreement<br />
had and made betweene him and this deponent, caused a parcell<br />
of fish to be laden therein aboard the said shipp, when as hee<br />
had hired the said shipp and agreed to carry tarr, balkes (or beames)<br />
and deales, refeffing himselfe to the said Notariall Act; and<br />
saith a leakie shipp may carry tarr, deales and balkes<br />
without dammage to them, but not fish, for that must or<br />
ought to be put into a dry shipp, and further saith that the said<br />
shipp was a drie and staunch shipp when shee came from<br />
Berghen, and what ever dammage hath befallen the fish, hee<br />
saith the same came and happened by meanes of stowing of and<br />
tempestuous weather, which happened in the said shipps passage, which<br />
hee knoweth coming over on her as aforesaid. And otherwise hee<br />
cannot depose.
To the sixth hee saith that one Rex dollar is worth foure<br />
shillings and eight pence sterling, as the usuall rate and valew,<br />
and the said Southwood hath bin required to pay the freight arlate,<br />
but there hath bin only an hundred and fiftie Rex dollers and<br />
a halfe thereof paid, the rest being detained whereby, and<br />
by the shipps lying here twelve weekes still and<br />
idle by the said detention, and for victualls and otherwise the said<br />
producents have suffered much dammage, [?yea] to the summ of a thousand<br />
Rex dollers over and above the said remaining freight, besides her still daily<br />
deteriorating. And otherwise hee cannot depose.iorating. And otherwise hee cannot depose. +
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