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livers and upwards ffrench money, and veri … livers and upwards ffrench money, and verily beleeveth that upon occasion of such a<br />
disaster the preservation and reparation as aforesaid could not amount to<br />
any lesse summe. And further hee cannot depose.
To the 14th hee saith that the said shipp being soe repaired as aforesaid<br />
the said Aquavite's were reladen on board her, and brought and delivered<br />
at this Port of London to the Merchant Proprietors thereof as hee bel[?eeveth GUTTER]
To the 15th hee saith, That if the said Aquavites were dammnified then this<br />
was occasioned by the said shipps disastrous bilging, and that by the same<br />
Pilotts wilfullness or improvidence, the said shipp of this deponents certaine<br />
knowledge being before the disaster very tight and stanch and sufficient<br />
as a shipp need to bee:-/ And otherwise hee cannot depose:-
To the 16: 17: and 18th Articles hee saith hee beleeveth, That the arlate<br />
Andrew kirby is an Englishman, this deponent having credibly heard soe, and<br />
otherwise referring himselfe to the Acts and proceedings of this Court, and to the<br />
Lawes and Jurisdiction thereof, hee cannot further depose/
To the Last hee saith his foregoing deposition is true.
To the crosse Interrogatories [CENTRE HEADING]
To the first hee saith, That hee cometh to depose the trueth of his knoweldge [?of GUTTER]<br />
this matter at the request of the said Monsieur Eleazar le Merchaut, and<br />
hath noe part nor interest in this Controversy nor shipp, And otherwise<br />
negatively:
To the second hee saith, this examinate was as aforesaid Pilott of the said<br />
shipp the voyage in question, and saith hee is satisfyed and payd all his wages<br />
due for the same./
To the third hee saith, hee this examinate was not present at the giving of the<br />
order interrogate nor saw an Charterpartie for the said voyage, nor knoweth<br />
any thing thereof, And further saving his foregoing deposition he saith hee<br />
cannot depose; saving hee beleeveth the said Le Merchaut or any other [?Master GUTTER]<br />
of a shipp is of necessitie to obey the orders of his freightors and of their<br />
Assignes or Consignataries.
To the fourth hee saith, That hee this examinate did not see any money payd<br />
for the saving of the said Aquavites, and saith the preservation thereof<br />
without any reference to the said shipps, the same being full of water, [?was GUTTER]<br />
at the first accompted irrecoverable, and soe much hee saith was and<br />
is notorious amongst the said shipps companie/
To the fifth hee saith hee verily beleeveth, That if the said shipp had<br />
continued at the place where shee first anchored as abovesaid, the [?damage GUTTER]<br />
interrate had not happened, the roade there being much more spatious<br />
and commodious, than that place to which the said shipp was brought by<br />
the said Pilott by the order as aforesaid, where shee bilged and<br />
suffered the disaster aforesaid by meanes of the various of the rocks and sandbanks
To the 6th hee saith, hee did not heare any such order given as is<br />
interrate, not being ashore at that time with the said Gazeau and<br />
Le Merchaut, And further to this Interrogatorie hee cannot depose other<br />
or further than hee hath predeposed, to which hee referreth himselfe.
Repeated before doctor Godolphin<br />
togeather with his preconsent
the marke of<br />
Jaques '''4''' Durand. [MARKE, RH SIDE]t;
Jaques '''4''' Durand. [MARKE, RH SIDE] +
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