HCA 13/70 f.510v Annotate

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Suggested links

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Transcription

to appeare and testifie the truth of his knowledge in this cause and saith the tyme
Interrogate hee was and still is Masters mate of the ffreeman and saith the premisses
predeposed of touching the Maryes falling fowle of the ffreeman happened in the
forenoone of the day and when the tyde was almost halfe fludd And further to
this Interrogatorie hee cannot depose

To the 2 hee saith hee hath receaved all his wages due to him for the voyage Interrogate
and further hee cannot depose having never heard of any such speeches or resolution[?s GUTTER]
as is Interrogate./

To the 3 Interrogatorie hee saith that hee this deponent and one Peter Wittie and one driver
and this deponents contest Edward King and others of the company of the ffreeman did call out
to the Company of the Mary to put theyer shipp a stayes and saith the shipp Mary
was distant about halfe a Cables length and better videlicet about sixty fathom
distance from the ffreeman when the ffreemans company soe called out unto her
the sayd Maryes Company, and saith hee heard noe answere made by the Company
of the Mary [?XXXX] but saith they sayd when they came neerer that they could not make their sayd shipp worke but saith that when the ffreemans Company soe called to them the
Company of the Mary might easily have put her a stayes of they pleased,
and saith hee knoweth the bolspritt of the ffreeman being entangled in the mayne stay
of the Mary did pull downe and breake the mayne mast of the Mary and spoiled some other
of her rigging and yardes belonging to the Maryy to the value of fifty pounds
sterling as hee beleeveth And further hee cannot answere./

Repeated before doctor Godolphin/

George Putt [SIGNATURE, RH SIDE]

****************************

The same day [CENTRE HEADING]

Examined upon the sayd allegation

d Smith

2

Morgan Jones of Ratcliff in the parish of Stepney and County of
Middlesex Mariner Cooper of the shipp ffreeman aged 42 yeares or there=
abouts 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 not longe
before the shipp the Mary arlate receaved the pretended damage in question and
whilst the Mary was a good distance of from the ffreeman the
ffreeman being going downe towards Gravesend with benefit of a
winde and the Mary Comming up towards London with benefit of the tyde of
fludd) some of the Company of the ffreeman called out to the Company of the
Mary and willed them to put their shipp a stayes least for want of soe doeing
shee should runne fowle of the ffreeman and told them the ffreeman intended to keepe to the southward or to that effect and saith at that tyme the company
of the Mary might very easily have heard and did heare as hee beleeveth the sayd ffreemans company what they
sayd, and might if they had pleased have brought their shipp a stayes, which if they had
done this deponent verily beleeveth the damage in controversie had not happened
And saith that the premisses not withstanding that they were soe spoken unto by the
ffreemans Company to the effect aforesayd, the company of the shipp the Mary
instead of putting their shipp a stayes did brace their mayne top sayle with
the weather brace and put their helme a weather to beare up, by which meanes
the sayd shipp Mary runne fowle of the ffreeman and laye athart
the hawse of the ffreeman which shee needed not to have done for that shee the
Mary was and is but a smale shipp and therefore though her company had not
thought fitt to laye her a stayes, yet they might have put her neerer shoare
without any danger and thereby have avoided coming fowle of the ffreeman if
they had pleased which the Company of the ffreeman could not doe, their
shipp being a shipp of great burthen of above fower hundred tonnes and [?XXXX]
above