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The 28th of September 1657.
Butler agains … The 28th of September 1657.
Butler against the ''Comfort'' and}<br />
against Addams and Company.}<br />
Allen. Suckley.}
'''dt.'''
'''James Higgs''' of the parish of Saint Botolph<br />
Bolonsgate (sic) London Woodmonger, aged 45<br />
yeares or thereabouts sworne and examined.
Examined upon the libell, annexed<br />
to a commission.
To the first and second articles hee saith, that hee the time arlate well knew the<br />
arlate Edmund Morgan and the shipp the ''Comfort'', whereof the said<br />
Morgan was Master and had the Government of her as master of this<br />
deponents sight and knowledge. and was as himselfe affirmed in this<br />
deponents hearing a part owner of her. And otherwise hee cannot depose.
To the third, fowrth fifth and the rest of the articles of the said libell hee saith<br />
that in or about the moneth of November 1651 the said shipp the ''Comfort''<br />
from a Newcastle voyage came and arived in the River of Thames<br />
with her lading of coales under the conduct of the said Morgan, who<br />
hee saith sold and disposed of her lading of coales in this port of the<br />
sight and knowledge of this deponent who was then one of the citie<br />
Meters, and passed upon and looked to her delivery, and saith that<br />
to his best remembrance her lading of coales brought that voyage<br />
from Newcastle amounted to two hundred Chaldrons or thereabouts of<br />
this cities measure, this deponent seeing the measuring thereof.<br />
And saith that such measure happened on the River of Thames within<br />
the ebbing and flowing of the sea, betwixt Ratcliff and Wapping<br />
Where shee rode at anchor, And further that this deponent saw him<br />
the said Morgan receive the summe of fourtie pounds or thereabouts<br />
in money for part of the coales, at one payment, and severall<br />
other smaller summes for smaller parcells that were sold at the shipps<br />
side and the money there received. And lastly that there were not any<br />
coales delivered and disposed out of the said shipp but what were delivered<br />
by order of the said Morgan. And otherwise hee cannot depose, not being<br />
at Newcastle nor knowing ought of the lading of the coales there<br />
or of the contract for the summe, or signing of any bill obligatory for<br />
payment for them.
To the Interrogatories. [CENTRE HEADING]
To the first hee cometh required to testifie in this case by a person<br />
therein imployed, whose name hee knoweth not. And saith hee comenth<br />
himselfe not bound to declare his estate, and otherwise negatively having<br />
noe relation to the parties interrate, and expecteth ought in this cause saving<br />
for his time in comming, and liveth by his place of a Cole meter.
To the second hee saith the said Morgan said he was a quarterpart<br />
owner of the said shipp And otherwise hee cannot answer.
To the third and fourth hee referreth himselfe to his foregoeing deposition<br />
and cannot further answer.
The marke of James '''IH''' [MARKE] H[?a]ggs/. [MARKE, RH SIDE]IH''' [MARKE] H[?a]ggs/. [MARKE, RH SIDE] +
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