Difference between revisions of "HCA 13/70 f.513r Annotate"

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D.10

The 22th of September 1655

Yaxeday against Delavall and others}
Suckley Smith}

Examined upon the sayd allegation/

Robert Osborne of Shadwell in the parish of Stepney and
County of Middlesex Mariner Carpenter of the shipp Freeman aged 47 yeares or thereabouts
saith and deposeth as followeth videlicet.

(illegible) (LEFT H MARGIN)

d:smith (LEFT H MARGIN)

To the first second and third articles of the sayd allegacion hee saith that hee
this deponent being Carpenter of and aboard the Freeman when the damage
in controversie happened well knoweth that the Company of the Freeman before such
tyme as the damage in question happened and which the shipp Mary arlate was
at a good distance, (yer soe neere as within call that they might very well heare what
was spoken and sayd unto them) did call out to the Company of the Mary aforesayd
and desyred them to put their sayd shipp a satyes and told them if they did not
soe doe they would runne fowle of the Freeman or words to that effect which notwithstanding the Master
and Company.of the Mary did brace their mayne top sayle on back stayes and (?shinering) it in the winde and
put their helme a weather and boare up towards the Freeman which was a shipp
of greate burthen videlict about five hundred tonne burther and drewe about sixteene
foote water, and was then soe neare the southerne shoare of the Thames that
shee could not goe neerer without driveing on ground to the apparent hassard of
the sayd shipp and her ladeing and was soe neare shoare that her company were forced
to put out an anchor asterne to heave her off from the shoare for the better preservation
of her and her ladeing by which meanes of the Mary's company braceing and shinering their
topsayle and putting their helme a weather the sayd shipp the Mary ranne in a wilfull
and negligent manner athwart the Freemans hawse, the Freeman being as aforesayd
soe neare the shoare that shee could not avoide and passe by the Mary And the reason
why hee believeth and is in his conscience persuaded that the same was wilfully done by the Master and Company of the
Mary is for that hee well knoweth the sayd shipp Mary was and is a smale shipp and
was comeing up the River with the benefitt of the tyde and her company might very well if
they had pleased and put her a stages as they were desyred or by the benefitt of the tyde soe wrought
her that shee might safily have avoided comeing fowle of the Freeman, And
hee saith hee is well assured that what damage is happened to the Mary is
soe happened by the default and wilfullness of the Master and Company
of the Mary by their shapeing their course in the manner predisposed and not by
any fault in the Master and Company of the Freeman who did their utmost endeavour
to have prevented the sayd Mary's running fowle of her, And further
to these articles hee cannot depose saving hee saith the Freeman had aboard her when the
Mary ranne fowle of her goods worth to value of thirty thousand pounds or
thereabouts as hee believeth.

To the 4th hee saith hee knoweth not that any of the Freemans company did cutt
any of the tackle of the Mary, but saith if any were by them were by them cutt the same was
necessariy done in order to the preservation of the Freeman and her ladeing from
being runne on shoare by the Mary her running upon her as aforesayd.
And further to this article hee cannot depose.

To the last saving his foregoeing deposition to the 1:2 and 3 articles to which he referreth hee cannot depose.

To the Interrogatories [CENTRE HEADING]

Suckley

To the first Interr hee saith hee cometh to testifie thetruth of his knowledge
in this busines being required soe to doe by John Whitty, Commander of the Freeman and