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received and administred an oath unto them … received and administred an oath unto them to speake<br />
the truth at the time of their examination In the presence<br />
of the said ffrancklin dissentinge and haveinge<br />
the usuall tyme for Interrogatories Provided that the<br />
admittinge the appearance of the said ffrancklin<br />
without Baile shall not be any preiudice to the<br />
requiring of Baile afterwards not to the proceeding<br />
by default against the said shipp and goods or taking the<br />
Benefitt and advantage of the not givinge in<br />
Baile as if this Act had not at all bin done./
Waters and others against}<br />
Bland, Bud, Suckley}
Which day appeared the said Waters and<br />
some other of the marriners of the<br />
shipp the ''Twoe Brothers'' mentioned in the<br />
proceedings of this cause, and the said Bland<br />
with their Proctors and Councell on both sides<br />
and the said Suckley proctor for the said Bland<br />
and the said Bland gave in an allegation in writinge<br />
which they desired to be admitted in the presence of the<br />
said Bud dissentinge and alleadginge that the same<br />
ought not by lawe to be admitted for that by the order<br />
of this Court of the 21th day of this moneth this<br />
cause was assigned to be heard and finally determined and<br />
all such wittnesses as should be produced this day to be<br />
heard viva voce notwithstandinge the said Bud did<br />
consent that the said Waters and such of the said<br />
shipps Company as were then put in Court should<br />
answere upon their oath into such questions as<br />
should be demannded of them on the behalf of the<br />
said Bland whoe then alleadged that the said<br />
Waters did contrary to the Charter party carry in the<br />
said shipp the voyadge in question a greater number<br />
of men then he should have done whereby the said<br />
shipps victualls was necessarily consumed and that by<br />
the negligence and carelesnes of the said Waters and<br />
Company, the wines laden on board the said shippe<br />
at Saint Lucar were much damnified and drawne out by<br />
the said shipps Company insoemuch that at the delivery<br />
of the same at Virginia, some of the butts of wyne<br />
soe laden did want some 8. some 10. some .12. some<br />
14 and some 16 inches although the same were<br />
in iron bounnd Caske, and he farther alleadged that<br />
by reason of the damadge sustayned in the goodes<br />
laden by other merchants in the said shipp occasioned<br />
by the said Waters and Company he hath paid and allowed<br />
by the consent of the said Waters severall summs of<br />
money amountinge in the whole to the sume of<br />
[BLANK IN ORIGINAL MANUSCRIPT] and that the master and Company of the said<br />
shipp did carry in her the voyadge in question the<br />
quantity of Twenty fowre Tuns of goods for the<br />
freight of which he ought to be allowed, to which the<br />
said Waters by vertue of his corporall oath to him<br />
administred by the Judges did answere that he had not<br />
at any one tyme duringe the voyadge in question in<br />
the said shipp above the number of Thirty six men and<br />
a boy, and that the wynes which were laden at Saint Lucar<br />
on board the said shipp were somme of them laden in<br />
iron bound Caske and some in Caske which were<br />
insufficient, and that after their ladinge at Saint Lucar<br />
before his departure from thence he caused the same<br />
to be surveyed by experienced men as<br />
by the survey under their hands which he then shewed<br />
appeared, and alsoe that after his arrivall at Virginia<br />
he likewise caused the said wynes to be there viewed<br />
by experienced men as by a survey under their hands<br />
then survey under their hands<br />
then +
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