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in or about the moneth of September 1657 f … in or about the moneth of September 1657 fifteene chests of sugar and<br />
twenty eight pipes and sixe hogsheads of oyle to be transported from Lisbon<br />
to London and there delivered to Mr Alexander Bence arlate, one of which<br />
pipes of oyle hee well remembreth was soe leakie that while the sayd shipp<br />
stayed at Lisbon the oyle or the greatest part thereof leaked out in the shipp<br />
and being discovered soe to doe, that pipe was after it was marked carried<br />
ashoare and delivered to the factor who laded it, who promised to send another<br />
aboard in stead thereof marked with the same marke as the other twenty<br />
seaven pipes and sixe hogsheads were, which marke was '''PC''' but never sent any<br />
aboard her soe marked in stead thereof, soe that in case the bills of lading<br />
were signed for twenty eight pipes and sixe hogsheads of oyle of that marke, yet<br />
in truth by the meanes aforesayd there were but twenty seaven pipes and sixe<br />
hogsheads of oyle aboard of that marke And further to this article hee cannot<br />
depose not being privie to nor knowing what rates were agreed upon for the<br />
freight and average of the sayd sugar and oyles nor knowing the rates of<br />
freight and average usually paid for goods brought from Lisbone to London
To the 3 article of the sayd allegation hee saith hee well knoweth that at the<br />
tyme when the sayd shipp receaved the sayd sugar and oyles aboard shee was<br />
a strong shipp and fitt to carry goods from one port to an other And saith that<br />
hee by his office and place of boatswaine is not to looke after the stoweing and<br />
dennageing of goods, hee keepeing above deck to take Accompt of goods when<br />
laden, but saith soe farr as hee could and did observe by them after they [XXXXXX GUTTER]<br />
and dennaged, all the sayd shipps ladeing was well denaged and stowed, And hee<br />
saith the sayd shipp doth of his knowledge still continue a strong and sufficient<br />
shipp, only hee saith that in her passage from Portugall to London shee<br />
mett with very stormie and tempestious weather and by reason thereof hee saith<br />
the sayd shipps spritsayle and mizen sayle were splitt, and her company much<br />
feared that their masts would have bin carried by the board, and that they<br />
should have lost their sayd shipp goods and lives, and to prevent the same as much<br />
as in them lay, they lett the shipp drive before the winde sometymes without<br />
any sayle, and sometymes with only a mizen, but the force of the weather<br />
was soe great that shee lay often tymes upon one side and receaved much<br />
water And hee verily beleeveth and is perswaded in his conscience that<br />
what dammage is happened to any of the sayd shipps ladeing is soe hapened<br />
meerely by the violence of the stormie weather aforesayd and not through<br />
any defect of the shipp (which still continueth as aforesayd a strong shipp) nor<br />
neglect of her Master or any of her Company, they of this deponents<br />
sight and knowledge doeing their utmost endeavour to preserve her and<br />
her ladeing from dammage And further to this article hee cannot depse
To the 4th hee saith that the sayd fifteene chests of sugar and twenty<br />
seaven pipes and sixe hogsheads of oyle heave since the arrivall of the sayd<br />
shipp ''Oporto Merchant'' at London bin delivered to such as by order of the<br />
arlate Mr Bence came to demand and receave the same, this hee<br />
the better knoweth being boatswaine and takeing Accompt of them at [?their GUTTER]<br />
delivery and seeing them put in to lighters to be carried a shoare according to<br />
the sayd Bences Order And further referring him selfe to the Registry of<br />
this Court hee cannot depose/
Tobr />
this Court hee cannot depose/
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