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The 7th of October 1657.
Davies against J … The 7th of October 1657.
Davies against Johnson}
Exámined upon the foresaid Libell.
'''Rp. 3.'''
'''Samuell Thomson''' of London Bookseller, aged 40 yeeres<br />
or thereabouts sworne and exámined.
To the first árticle hee saith hee well knoweth the producent Thomas<br />
Davies and saith hee was the time arlate owner and proprietor of<br />
the bales of bookes arlate and for such commonly accounted, which hee knoweth<br />
for that hee saw him tooke receive them as his owne and saw them put<br />
into his warehouse, and saw his invoice for the same.
To the second, third, 4th, 5th and 6th 7 and 8th articles of the said libell<br />
hee saith and deposeth that upon the arivall and bringing the said fower<br />
bales of bookes in question into Pauls church yard, hee this deponent and<br />
his contest John Crooke (also Bookeseller) were spoken to and<br />
desired to view them in regard of the dammage received, whereupon<br />
they in or about June last did diligently view the same and alsoe<br />
the said producents Invoice wherein the particulars and cost of<br />
the said bookes were mentioned, And saith they found three bales of the said bookes<br />
namely those marked numbers 3. 4. 7. exceedinglay damaged with sea water which they had received<br />
in their transportation the voyage in question, in soe much that they<br />
stanke exceedingly, and were soe deteriorated, that this deponent<br />
and his said contest estimated the damage which the said producent<br />
received by the said sea wet to the summe of foure score pounds<br />
sterling, and soe much hee saith they were truely damnified<br />
and soe much losse the said producent must in their estimation<br />
inevitably sustaine by the same, And saith that all the said bookes<br />
cost two hundred and tenn pounds and upwards according to the<br />
Invoice aforesaid, and would in his estimation have yeelded 30 ''li''<br />
per case profitt here had they come in good condition,<br />
howbeit hee saith they estimated the said dammage meerly in regard<br />
of their said first prise and cost, and the said fower score pounds to be<br />
lost thereupon by the said dammage received; And this damage<br />
they had, not withstanding that the said producent used much<br />
care and diligence and cost to preserve and save<br />
the, in what hee could from being spoiled. And saith the<br />
weather was faire and good when the said bookes came over, [soe]<br />
that the dammage was by generall estimation and report [?imparted]<br />
to the master and company of the vessell their carelesnes in [the?ir]<br />
transportation. And otherwise hee cannot depose.
To the Interrrogatories. [CENTRE HEADING]
To the first and second hee cometh required by the producent to testifie the<br />
truth in this cause, and saith hee was at the opening of the said bookes<br />
which to his remembreance was the next day after their receiving from<br />
abroad, and saw them to bee out of the cart, and saith they were [unbound]<br />
and printed in Holland and Germany, and otherwise saving his foregoeing<br />
deposition hee cannot answer, saving negatively for [XXX XXXXX]
Sam: Thomson. [SIGNATURE, RH SIDE]
Repeated before doctor Godolphin.H SIDE]
Repeated before doctor Godolphin. +
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