HCA 13/70 f.513r Annotate

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Suggested links

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Transcription

D.10

The 22th of September 1655/

Yaxeday against Delavall and others}
Suckley Smith}

Examined upon the sayd allegation/

vide the other 5 in
Quire D.9./

d:smith

6

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

To the first second and third articles of the sayd allegation hee saith that hee
this deponent being Carpenter of and aboard the ffreeman when the damage
in controversie happened well knoweth that the Company of the ffreeman before such
tyme as the damage in question happened and which the shipp Mary arlate was
at a good distance, (yet 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 stayes and told them if they did not
soe doe they would runne fowle of the ffreeman or words to that effect which notwithstanding the Master
and Company of the Mary did brace their mayne top sayle on back stayes and [?shivering] it in the winde and
put their helme a weather and boare up towards the ffreeman which was a shipp
of greate burthen videlict about five hundred tonne burthern 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 a sterne to heave her off from the shoare for the better preservation
of her and her ladeing by which meanes of the Maryes company braceing and [?shivering] their topsayle and putting their helme a weather the sayd shipp the Mary ranne in a wilfull
and negligent manner a thwart the ffreemans hawse, the ffreeman being as aforesayd
soe neare the shoare that shee could not avoide and passe by the Mary And the reason
why hee beleeveth 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 stayes as they were desyred or by the benefitt of the tyde have soe wrought
her that shee might safily have avoided running fowle of the ffreeman, 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 ffreeman who did their utmost endeavour
to have prevented the sayd Maryes running fowle of her, And further
to these articles hee cannot depose saving hee saith the ffreeman 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 ffreemans 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 ffreeman 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 hee
referreth hee cannot depose./

To the Interrogatories [CENTRE HEADING]

Suckley

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