HCA 13/70 f.512v Annotate

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Suggested links

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Transcription

The same day [CENTRE HEADING]

Examined upon the sayd allegation

d: Smith

5

Edward Rossiter of Lymehouse in the parish of Stepney and County of
Middlesex Mariner aged 48 yeares or thereabouts quartermaster
of the sayd shipp ffreeman a witness sworne and examined saith and deposeth
as followeth videlicet.

To the first second and third articles of the say allegation he saith that the shipp the ffreeman
was goeing downe the River Thames with a smale gale of winde and the shipp the Mary
arlate comng up the same River with benefit of the tyde of Fludd and that before such tyme
as the damage in Controversie happened and whilest the shipp was at a good distance
off got soe neere as that her company might heare what was was spoken unto them some of the
Company of the ffreeman called out to rhe Company of the Mary and desyred them to put their
a stayes and told them if they did not shee would be in danger to fall fowle of and runne
aboard the ffreeman or to that effect which not withstanding the Company of the Mary
did not doe as they were desyred but on the contrary did brace their mayne top sayle on
the back stayes and kept their fore sayle and fore topsyale full
by which hee believeth the company of the Mary did in a careless and
negligent manner for that they might have if they had pleased put their sayd shipp upon
her stayes in manner as they were desyred and thereby or by having her a little more
Northerlie safely have avoided falling fowle of the ffreeman soe that hee
verily perswaded in his conscience that the damage controverted happened only through
the fault of the Master and Company of the Mary and not by any fault of the Master and Company
of the ffreeman and further hee cannot depose saving hee saith the ffreeman is a shipp
of about 400 Tonnes and drew about Sixteene foote water the tyme arlate, and when
the damage controverted happened was of the deponents knowledge soe neere the Southern
shoare as she could goe without apparent danger of cumming on ground to the losse of the
and her ladeing, And saving hee saith saith the Mary was and is a smale vessell
and might have gone neere shoare or shaped any other course then as she did
without hazard or danger the premisses hee deposeth being an eyewitness and aboard
the ffreeman and one of her company.

To the 4th hee saith hee knoweth not that any of the ffreeman company did cutt
any of the tackle of the Mary and further cannot depose,

To the 5th hee saith saving his foregoeing deposition to the 1: 2 and 3 articles hee cannot
depose.

To the Interrogatories [CENTRE HEADING]

Suckley

To the first hee saith hee cometh to testifie the truth of his knowledge being sooe required
to doe by John Whitty the Commander of the ffreeman and saith hee this deponent was a Quarter
Master of the ffreeman the tyme Interrate and saith the Mary came fowle of the ffreeman in
manner predeposed in the forenoone and when it was about three quarters fludd And
further hee cannot answere./

To the 2 hee saith hee is payd all his wages save 30 s which is stopped out of his wages
and the like out of the wages of others of the Company of the ffreeman for tobaccoe which
by the Boatswaines booke appeareth to be laden aboard the ffreeman for at Virginia and
was not found aboard her at her unladeing at London And otherwise hee cannot answere
having heard nothing touching on any such resolution or declaration as is Interrogate/

To the third hee saith that Peter Wittie and this deponents contests George Pult and Edward King and
others of the Company of the ffreeman did call out to the Company of the Mary
in manner predeposed, but what answere the Maryes company made hee knoweth
not and saith the Mary was damaged and had her mayne mast broken downe
by reason of her running fowle of the ffreeman, but to what value hee cannot depose.
And further cannot answere./

Reported before doctor Godolphin

the marke of the sayd
Edward O Rossiter [MARKE, RH SIDE]